Q: Do we need to go through probate if my mother didn't have a will?
My mother's loan place needs a paper showing who will be over her house now and my mother didn't fill out her will. Will we need to go through probate? We would be paying her loan for her and if we went through probate in Okmulgee County, would we have to move out of her house?
A:
Sorry for your loss.
Probate is available even if you mother did not have a Will.
It sounds like your mother owned a home that had a mortgage on it. Unless you are a co-signer on the promissory note you are not responsible for paying it.
Assuming that your mother owned the property in her own name (did not have a Trust or a Transfer on Death Deed), then you should determine whether it is worthwhile to pay off the mortgage. If the home is worth considerably more than the mortgage, then you may consider probate. Probate is a process whereby the deceased's creditors and taxes are paid. If there is money or assets left over that is distributed to the heirs (spouses, children, etc) according to intestacy laws. You should visit with an attorney in your area to determine the best course of action.
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