Q: does a home that is mortgaged have to be included in probate? Husband died, wife survived and mortgage is in both names
A:
If the home were in joint name with rights of survivorship (as most married couples own real estate) then it doesn't pass through probate, and it is the survivor's sole property by operation of law. If they owned as 'tenants in common' and not with survivorship conditions, then it MAY need to be probated.
If you aren't clear how the property was owned, then you need to see a local real estate lawyer ASAP to clarify the situation.
-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.
I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice
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