Can a House in Probate Be Rented Out in California?

Navigating probate is complex enough without throwing rental income into the mix. For many heirs and executors in Los Angeles County, the idea of renting out a home during probate seems like a smart way to offset mortgage payments or preserve property value. But is it legal? And more importantly — is it wise?

In this blog, we’ll explore whether a house in probate can be rented out in California, what the process involves, and key factors to consider before making that decision.

Understanding Probate and Property Rights

When a homeowner passes away, their property typically goes through probate — the legal process of validating a will (if there is one) and distributing assets. During this time, the estate is under the jurisdiction of the probate court, and actions like selling or renting out property are subject to strict legal guidelines.

The key thing to remember is that until probate closes or unless court approval is granted, the executor or administrator doesn’t have full control over the property. Their role is to protect estate assets, not to make independent financial decisions that could impact the estate without proper oversight.

Can You Legally Rent Out a Probate Property?

Yes — but it depends.

In California, renting out a property during probate may be allowed under certain conditions, such as:

• Court Approval: In most cases, the executor or administrator must obtain permission from the probate court before entering into a rental agreement.

• Authority Level: If the administrator has full authority under the Independent Administration of Estates Act (IAEA), they may not need court approval, though transparency and proper notice are still required.

• Estate Needs: The court may approve rental if it appears necessary to maintain the property or generate income to cover estate expenses.

Without the right authority or a green light from the court, renting the property could be considered a breach of fiduciary duty.

Pros of Renting Out a Probate Property

If done correctly, renting a home in probate can have several advantages:

• Covers Holding Costs: Mortgage, taxes, insurance, and maintenance don't stop during probate. A rental tenant can help offset these.

• Prevents Vandalism: A vacant home is vulnerable. Occupied properties are generally safer and better maintained.

• Adds Value for Heirs: If the property isn’t going to be sold immediately, renting might create short-term cash flow for the estate.

Cons and Risks to Consider

Despite the benefits, renting during probate also introduces potential complications:

• Legal Liability: As the estate representative, you are responsible for the tenant experience. If something goes wrong, the estate (and you) could be liable.

• Eviction Issues: If probate ends and the heirs decide to sell, removing a tenant may not be simple — especially in tenant-friendly areas like Los Angeles.

• Delays: Tenants might make it harder to show the property or could delay probate if court approval becomes necessary for eviction or property transfer.

What About Existing Tenants?

If the decedent was already renting out the property at the time of their passing, the lease generally continues, and the executor must honor existing rental agreements. Rent collected becomes part of the estate, and the executor is responsible for managing the property until probate is complete or the property is sold.

Best Practices for Renting During Probate

If you’re considering renting out a probate property in Los Angeles County, here’s how to do it the right way:

1. Consult an Attorney: Always start by speaking with a probate attorney who can review the estate’s authority under the IAEA.

2. Get Court Approval (if required): File a petition and provide reasoning for the rental — for example, to pay off estate debts.

3. Use a Lease Agreement in the Estate’s Name: Make it clear that the tenant is leasing from the estate, not from you personally.

4. Hire a Property Manager: If you’re not local or lack experience, a good manager can help reduce stress and liability.

5. Inform the Heirs: Keep beneficiaries informed. Transparency helps avoid disputes later.

How We Help Families in Situations Like This

At The Borges Real Estate Team, we specialize in guiding families through probate real estate in Los Angeles County — including complex cases where properties need to be rented out during the process. While we’re not attorneys, we’ve supported many executors by connecting them to the right professionals, helping with timelines, and offering no-pressure guidance around options.

Whether you need to sell, rent, or simply understand what’s next, we’re here to help.