A sibling is living in a parent’s house after death: can they be made to leave or sell?

General information, not legal, tax or financial advice. Last reviewed Oct 31, 2026.

Quick answerIt depends on whether the estate is still open. While probate is open, the executor generally controls the house and can ask whoever is living there to hand it over. Once the heirs own it together, any co-owner can ask a court to divide it, which for a house usually means a court-ordered sale, though newer laws in California and Texas first give the other co-owners a chance to buy out the ones asking for a sale. Getting someone out can require a court process, so talk to a local lawyer before changing locks.

Step by step

Find out who owns the house now. Is it still in the parent’s name, in a trust, or already in the heirs’ names?
If there’s no executor yet, someone needs to open probate. See how to become an executor.
Executor: make a written request for possession, and keep records of costs such as taxes, insurance and utilities.
Try an agreement: a buyout, a sale, or rent paid to the estate.
If the heirs already own it together and can’t agree, a partition case asks the court to divide or sell it.

While the estate is openState law

California: the personal representative has the right to take possession of estate property and collect rents. Property may be left with the person presumptively entitled to it, but that person must surrender it when the personal representative asks.
Florida: the personal representative must take possession of the decedent’s property except the protected homestead. A request for property held by a beneficiary is conclusive evidence that possession is needed, and the personal representative can sue to recover possession.
Texas: once letters are issued, the executor or administrator has the right to possession of the estate and must recover it and hold it in trust.

Possession, rents, surrender on request. Source: Cal. Prob. Code § 9650, checked Oct 31, 2026.
Possession except protected homestead; conclusive evidence; actions to recover. Source: Fla. Stat. § 733.607, checked Oct 31, 2026.
Executor’s right to possession. Source: Tex. Estates Code § 101.003, checked Oct 31, 2026.

Not yet verified: New Hampshire and Ohio rules on an executor’s right to possess a house during probate, and the eviction steps in each state. Ask the probate court or a local attorney.

When the heirs own it together: partitionState law

State	Rule
New Hampshire	Any person with a present undivided interest can petition the superior or probate court in the county where the property is. If it can’t be divided fairly, the court may order a sale and divide the proceeds. In dividing, the court may weigh each person’s contributions to upkeep and improvements, how long each occupied and used the property, waste, taxes and other factors.
California	A co-owner can bring a partition action. Since 2023 the Partition of Real Property Act governs real property partitions unless all co-owners agree otherwise in a record. After the court sets the value, co-owners who didn’t ask for a sale get 45 days to elect to buy out those who did, at the court-set value times their share.
Texas	A joint owner can compel partition in district court in a county where the property is. If the court finds it’s heirs’ property (inherited by relatives, with no binding agreement among co-owners), the Uniform Partition of Heirs’ Property Act applies, including a 45-day buyout option for co-owners who didn’t ask for a sale.
Florida	Any co-owner can file for partition. For heirs property, Florida’s Uniform Partition of Heirs Property Act requires the court to set fair market value (usually by appraisal) and, on request, an equitable accounting that can adjust buyout and sale amounts.
Ohio	Co-owners can be compelled to partition. The court appoints a commissioner. If the property can’t be divided without hurting its value, one or more parties may elect to take it at the appraised value by paying the others their shares.

Who may petition, which court. Source: RSA 547-C:1–2, checked Oct 31, 2026.
Sale; equitable factors including occupancy and contributions. Source: RSA 547-C:25, 547-C:29, checked Oct 31, 2026.
Who may bring a partition action. Source: Cal. Code Civ. Proc. § 872.210, checked Oct 31, 2026.
Partition of Real Property Act applies unless all agree otherwise. Source: Cal. Code Civ. Proc. § 874.313, checked Oct 31, 2026.
45-day buyout. Source: Cal. Code Civ. Proc. § 874.317, checked Oct 31, 2026.
Right to compel partition; venue. Source: Tex. Prop. Code §§ 23.001–23.002, checked Oct 31, 2026.
Heirs’ property definition, applicability, buyout. Source: Tex. Prop. Code ch. 23A, checked Oct 31, 2026.
Who may file. Source: Fla. Stat. § 64.031, checked Oct 31, 2026.
Heirs property valuation and equitable accounting. Source: Fla. Stat. § 64.206, checked Oct 31, 2026.
Partition may be compelled. Source: Ohio Rev. Code § 5307.01, checked Oct 31, 2026.
Commissioner. Source: Ohio Rev. Code § 5307.04, checked Oct 31, 2026.
Election to take at appraised value. Source: Ohio Rev. Code § 5307.09, checked Oct 31, 2026.

Not yet verified: whether a co-owner living in the house owes rent to the others in each pilot state. This usually depends on court decisions and the facts.

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