Re: Tenant signed lease, moved, and died - Landlord Forum thread 325913

Re: Tenant signed lease, moved, and died by Nicole (PA) on October 19, 2014 @08:29

I am amazed at all the responses assuming the tenant will have a probatable estate and/or an executor.

what do all of you who "want" one do when there isn't one and won't be?

Here, even if there is a probatable estate, it can't be opened until after the funeral ... a death certificate must be supplied with the Petition. Often times the cost of probating (which isn't much in Pennsylvania) is more than the value of the estate.

In 30+ years of landlord, I have NEVER had a tenant who would have had a probable estate.

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Re: Tenant signed lease, moved, and died by Anonymous on October 19, 2014 @09:14	[ Reply ]

You are correct, however someone is in charge of the deceased person's business whether that is spelled out in their will as executor or determined by law, such as next of kin. The landlord should definitely change the locks and not let anyone in until they determine who is responsible for the deceased's possessions.

Re: Tenant signed lease, moved, and died by Anonymous on October 20, 2014 @12:45	[ Reply ]

A creditor is eligible to file the petition for probate in order to secure any assets for payment against the deceased's debt to them. That's what I would do, if the deceased had any assets I could discover during a cursory look through the rental (income, insurance and/or physical property). I wouldn't want the tenant's antiques to walk out the door while I'm holding the bag for a few thousand in unpaid rent due to the vacancy.