If your dad died and his girlfriend is still living in his house, you can’t make her leave until you have legal authority over the property, and that authority almost always comes through probate. Being named in the will or being his child doesn’t give you control on day one. The path to getting her out runs through three steps in order: confirm how the house transfers to you, figure out what legal status she holds in the home, then follow the correct removal process for that status. Skipping any step exposes the estate to liability and usually makes the problem last longer.
You Can’t Act Until You Have Legal Authority
This is the piece most people miss. A nominated executor has almost no power before the probate court grants letters testamentary. Before that, the role is limited to preserving estate assets, not managing or distributing them. You have no more right to remove the girlfriend than a stranger would until the court acts.
Once the court issues letters testamentary (if there’s a will) or letters of administration (if there isn’t), you can manage estate property, pay debts, and deal with occupants. Some courts can issue preliminary letters that give temporary authority while the full case proceeds. Ask about that if the situation at the house is urgent. Filing the probate petition quickly is the single most impactful thing you can do to shorten the overall timeline.
How the House Actually Reaches You
Before you focus on the girlfriend, confirm you actually inherit the house. The answer depends on how your father held title.
Will or Intestacy
Pull the deed first. If the property was in your father’s name alone, it becomes part of his estate and passes through probate. A will controls who inherits; without one, state intestacy laws decide, and those laws generally prioritize spouses and children. An unmarried partner typically has no inheritance rights under intestacy.
The deed doesn’t always tell the full story. Agreements between your father and someone else, or state laws about property acquired during certain relationships, can affect ownership even when only one name appears on the title.1Justia. Determining Legal Ownership of Assets in an Estate
Living Trust
If your father transferred the house into a revocable living trust during his lifetime, it bypasses probate entirely. The trust document names the beneficiary and the successor trustee can transfer ownership without court involvement.2The American College of Trust and Estate Counsel. How Does a Revocable Trust Avoid Probate? That dramatically shortens the time until you have authority.
Transfer-on-Death Deed
More than 30 states authorize transfer-on-death deeds, which work like a beneficiary designation on a bank account. If your father recorded one naming you, the house passes to you automatically at his death. You’ll file an affidavit and a copy of the death certificate with the local land records office, and after that you’re the owner.
Joint Ownership
If your father owned the property jointly with right of survivorship — with you, another family member, or the girlfriend — the surviving co-owner becomes the sole owner automatically. Read the deed language carefully. If the girlfriend is a joint owner with survivorship rights, she owns the house and cannot be removed.
What Is Her Legal Status in the House?
The correct removal process depends almost entirely on what status she has. Get this wrong and you invite a wrongful eviction claim.
Tenant With a Lease
If your father rented part or all of the home to her under a written lease, that lease survives his death. The executor steps into the landlord’s role and must honor the remaining term and notice requirements. A month-to-month arrangement usually requires 30 days’ written notice to terminate, though some states require longer. A fixed-term lease generally must run out unless she violates it.
Occupant Without a Lease
If she lived there with no rental agreement, she’s typically a licensee. Her permission came from your father, and that permission ended when he died. Her protections are more limited than a tenant’s, but you still cannot tell her to be out tomorrow. Most jurisdictions require written notice with a reasonable timeframe, and many courts treat long-term occupants like month-to-month tenants for eviction purposes.
When Her Status Is Disputed
The hardest situations arise when she claims a right to stay based on verbal promises, mortgage contributions, or years of shared expenses. These claims don’t automatically give her legal rights, but they can slow removal if they end up in court. Gather evidence early: bank statements showing who paid what, utility bills, correspondence, anything that documents the actual arrangement.
Claims That Could Block Removal
Before you send any notice, rule out a few specific claims that would change the outcome entirely.
Common-Law Marriage
A handful of states still recognize new common-law marriages: Colorado, Iowa, Kansas, Montana, South Carolina, Texas, and Utah by statute, with Rhode Island and Oklahoma recognizing them through case law.3National Conference of State Legislatures. Common Law Marriage by State If your father lived in one of those states and the relationship met the legal requirements (typically cohabitation plus holding themselves out publicly as married), she could claim spousal inheritance rights. A surviving spouse’s share is substantial and usually applies regardless of what the will says.
Life Estate
If the deed grants the girlfriend a life estate, she has a legal right to live there for the rest of her life. A life estate is written into the deed itself, so it’s easy to check. Life estates are irrevocable once granted and survive the property owner’s death. If one exists, you can’t remove her.
Contractual or Equitable Claims
Even in states that don’t recognize common-law marriage, she might assert claims based on written or verbal agreements with your father. Some states allow financial claims between former unmarried partners when one can show an explicit agreement to share property or provide support. These are hard to prove but not impossible, especially when significant financial contributions can be documented.
Delivering Proper Written Notice
Once you have authority and you’ve confirmed she has no independent legal right to stay, the next step is written notice. Even when someone has no legal right to remain, you cannot skip this.
The notice should state clearly that she must vacate, give a specific deadline, and identify who is making the demand (the executor or administrator of the estate). For someone treated as a month-to-month tenant, the notice period is typically 30 days, though it ranges from 15 to 90 days depending on the jurisdiction and how long she has lived there. Deliver it by certified mail with return receipt, or hire a process server. Keep a copy of everything.
If she holds a fixed-term lease, the notice must comply with whatever termination provisions the lease contains. You can’t shorten a lease term just because the original landlord died.
Filing for Eviction If She Won’t Leave
If she stays past the notice deadline, the next step is an eviction lawsuit, often called an unlawful detainer action. The executor files a complaint with the local court, pays a filing fee (typically a few hundred dollars), and has her formally served.
The court schedules a hearing. If she has no valid legal claim and proper notice was given, the court enters a judgment for possession. You then request a writ of possession, and a sheriff or marshal serves it at the property. If she still refuses, the sheriff returns to physically remove her and the locks are changed.
From filing to physical removal typically takes several weeks to a few months. Contested cases take longer. Add that to however long probate takes to give you authority in the first place.
What You Absolutely Cannot Do
Self-help eviction is illegal everywhere. You cannot change the locks, shut off utilities, remove her belongings, board up the house, or do anything else designed to force her out without a court order. It doesn’t matter that you’re the rightful heir. It doesn’t matter that she has no lease. Courts treat self-help eviction harshly.
If you try it, she can sue the estate and will likely win. Courts routinely award actual damages, statutory penalties, and attorney’s fees to occupants who are illegally locked out or constructively evicted. The penalties often dwarf what the proper legal process would have cost. Worse, self-help can reset the clock, giving her more time in the home and more leverage to negotiate.
Cash-for-Keys: The Faster Route
Formal eviction is the legally correct route, but it’s slow, adversarial, and expensive once you add attorney fees, court costs, and months of carrying the property. A faster option experienced estate attorneys often suggest is paying her to leave voluntarily.
A cash-for-keys agreement works the way it sounds: you offer a lump sum in exchange for her vacating by a specific date and handing over all keys. Typical offers range from a few hundred dollars to a few months’ equivalent rent, depending on the situation. The math often favors this because a contested eviction costs the estate far more in legal fees and property carrying costs.
Put the agreement in writing. It should specify the payment amount, the move-out date, the condition the property must be left in, and a release of any claims she might have against the estate. Both parties sign. Don’t hand over money until she has actually vacated and returned all keys. Have an attorney review the document before you sign, especially if she’s hinted at any legal claims.
Protecting the House While This Plays Out
While you’re working through probate and any removal process, the executor has a legal duty to protect estate assets from damage or loss of value, and that duty extends to the house itself.4Justia. Managing Assets During Probate and an Executor’s Legal Duties Failing to take reasonable steps to preserve the property can expose the executor to personal liability from beneficiaries or creditors.
Practically, that means keeping homeowner’s insurance current, paying the mortgage and property taxes from estate funds, and maintaining the property. If she’s causing damage or letting the property deteriorate, that creates urgency. The executor has the right to end a tenancy and pursue eviction if problems arise.4Justia. Managing Assets During Probate and an Executor’s Legal Duties Document the condition of the house with photos and keep records of maintenance expenses paid by the estate.
Realistic Timeline
People almost always underestimate how long this takes. The average probate case takes six to nine months to complete.5American Bar Association. Wills and Estates Contested estates, significant debts, or a will contest from the girlfriend can push past a year. If the house is in a trust or passes by transfer-on-death deed, you bypass probate and gain authority much faster.
Once you have authority, add at least 30 days for notice. If eviction is required, add several more weeks to a few months depending on the court’s docket and whether she contests. From start to finish, you’re looking at anywhere from two months (trust or TOD deed with a voluntary departure) to well over a year (contested probate plus contested eviction).
When to Call an Attorney
If she leaves voluntarily after a polite conversation, you may not need a lawyer at all. Consult an estate or property attorney if she claims to have a lease or agreement with your father, asserts common-law marriage or other relationship-based rights, refuses to leave after written notice, or if there’s no will and the estate must go through intestacy. A lawyer is also worth having if the title has complications like co-ownership or a life estate. An attorney can handle the probate filing, draft proper notices, and represent the estate in eviction court if it comes to that.