What happens to a house that is in probate when the owner dies?
What happens to a house that is in probate when the owner dies? Assistant at Law Assistant at Parklin Law When a person dies without leaving a will, the house in probate is not automatically passed down to the family. Instead, it goes through the same court proceedings as any other piece of property. Usually, the bank or mortgage company will take over and sell the house at a public auction. The proceeds have gone towards paying back any debts and taxes on the property, and whatever remains goes to whoever is named in their will as their beneficiary. Sometimes the beneficiary is their spouse or child; sometimes it's a charity or another organization. Probate is a legal procedure, overseen by the court, that determines who gets what property when the owner dies. The house, bank accounts, and investments are all included in probate. When there is no will, the intestacy laws of the state in which the person died will decide what happens to all the person's assets (house included...