Before probate, access to a deceased person’s home depends on legal authority (ownership or court appointment), not family relationship alone.
Before probate begins, legal authority matters more than family status.
People who usually can enter immediately:
A surviving spouse or partner who already lived in the home.
A co-owner or joint tenant with legal ownership rights.
A legal tenant who lived there before the death.
A caregiver already authorized to be present.
People who usually cannot enter just because of relationship:
Adult children, siblings, or other heirs.
Beneficiaries named in a will.
A named executor before the court formally appoints them.
Until the court issues Letters Testamentary or Letters of Administration, the home is considered estate property.
Access should be limited to protecting the property—not dividing or removing items.
Unauthorized entry or removal of items can:
Trigger family conflict.
Lead to accusations of theft.
Create legal liability for the person who entered.
Complicate probate later.
Many estate disputes start not over money—but over who went into the house first.
Keep it calm. Keep it minimal. Keep it documented.
Enter only when there’s a clear legal or practical reason (pets, leaks, safety).
Avoid removing personal property.
Take photos, keep notes, and limit access.
If there’s disagreement or uncertainty, wait for court authority or get legal guidance.
Slowing down here protects everyone—including you.
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