Will my deceased mother’s house go into probate?

My mother passed away about 2 weeks ago with no offical Will. I’ve searched her home and cannot locate any information concerning the house. Her house has about $22,000 left on it. I’m worried it is going to go into probate. my brother and I have agreed that the house be willed to me. Would the house go into probate?

Asked on July 30, 2012 under Estate Planning, Oklahoma


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am so sorry for your loss. Yes, the house is part of the probate proceeding and under the intestacy statutes in your state (those that govern what happens to an estate when a person dies with out a Will), I believe that you and your brother share equally.  Now, he could renounce his portion of the house and take a different asset in stead or how ever you agree. If the house is then placed in your name via executor's deed you would take it "subject to" the mortgage and the lendler has to let you pay it off and can not call in the loan.  Get help.  Good luck.

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