what do we have to provide for probate?

Consult an atty. They can tell you exactly what the probate laws are for your specific state & situation.

That's a question for a probate attorney, since laws vary from state to state... In general, if payments are made on time, then the lender will more than likely not do a thing.. it's only when the loan falls behind that you have issues.. I'm a Broker here in Scottsdale AZ and I only lend in Arizona. If you or someone you know is looking for financing options, feel free to contact me or pass along my information. 480-287-5714 WilliamAcres.com

you need to be pre qualified i just finished the biggest probate case for my parents.. call me at 602-330-1598 or email at yourloanpartnerforlife@live.com is there a existing mortgage ?? if so, let your executor contact the bank and let them know what you are doing ... if there is a a mortgage, and fall behind on the payments , the lender can not doing anything while in probate , trust me, my probate lasted 1/6 yrs... linda

Before you waste money on an attorney, you need to determine if one is required. Typically, if there is no will, the probate court will assign an executor to execute the estate. If the executor is recommending the house be transferred to you, then it is likely the probate court will issue an order based on that recommendation. If this order awards you the home, it will likely be subject to any indebtedness the home secures (like the mortgage). Contact the lender, (the executor may need to do this) to determine what documentation they will require. Generally they will send you a packet of forms and instruction on what documents you need to remit to them (along with the forms) to have the loan transferred to you. Typically the documents will be an original death certificate, a copy of the will, or court order, a fee and the packet they sent you. It's a fairly simple process. Beware, many times, especially if the loan has a good interest rate, they may try to stonewall you and try to talk you into refinancing to get the home in your name. By law, if you inherit a property from a relative, like your dad, they are not allowed to call the note due. ~ Bert Carpenter, The LoansA2z team of NOVA Home Loans ~ NMLS 40586 ~ www.LoansA2z.com 888-889-9950

As a follow-up, to some of the other answers, in most states, you are not required to qualify for the transfer of the existing loan. Unless state law allows for it, and the Note specifically has a "Due on Death" clause, you are entitled to transfer the property into your name and keep the existing loan. If the lender decides they do not want to transfer the existing loan into your names, that is their right, but as long as you don't let the loan go into default (miss payments, cancel insurance, etc) they cannot call the loan due. Since they really don't want to keep a loan on the books in the name of a dead person, they will almost always transfer it, even reluctantly. I have a current client that last year inherited a property worth almost twice what was owed on it. He had terrible credit, over a dozen charge-offs and collections and a credit score below 500. The lender (the big one from NY) at first told him he didn't qualify, and all he had was insist that he could prove he was the heir and demanded the transfer packet and they finally sent it to him and the loan is now in his name. ~ Bert Carpenter, The LoansA2z team of NOVA Home Loans ~ NMLS 40586 ~ www.LoansA2z.com 888-889-9950