Tenant Rights After Death

Summary

If a property owner in oregon dies intestate, the property enters probate. Tenants should continue paying rent to the estate. The probate court appoints an administrator to manage the estate. If no one petitions the court, the estate remains unmanaged, complicating tenant issues. Tenants should maintain rent payments and address concerns with legal counsel if needed.

Full Conversation

scott
Hi Scott! How can I assist you with your legal issue today?
if the owner of a residence dies and their is no will and the owner had tenants what is the legal standing for the tenants?
Hey Scott! If a property owner in Oregon dies without a will (intestate), the tenants' lease generally remains valid. Here’s some information:
- The property will go through probate.
- The tenants should continue paying rent to the estate of the deceased.
- The probate court or appointed executor will manage the property.
Do you have any specific concerns or questions regarding your lease?
who is in control of the estate?
In Oregon, if a person dies without a will, the probate court will appoint an administrator (also known as a personal representative) to manage the estate. This person will be responsible for handling the deceased’s assets, including any rental properties.
Do you have any specific concerns about the management of the property?
when should a administrator be appointed
Case Rating: *
An administrator should be appointed as soon as possible after the death of the property owner. This typically happens when someone petitions the probate court to handle the estate. The court will then appoint an administrator to manage and distribute the deceased's assets.
Do you have any immediate concerns or issues with the property that you need help with?
what if no one petitions the probate court?
Case Rating: *
If no one petitions the probate court, the estate will remain unmanaged, and legal standing for tenants can become uncertain. The tenants should continue paying rent, but without an appointed administrator, resolving disputes or issues may be challenging.
Do you have concerns about rent payments or maintenance issues?
thank you for the information.
Case Rating: *
You're welcome! If you have any more questions in the future, feel free to reach out. Have a great day!