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Property and mortgage

Posted on: 04th Jun, 2013 01:26 am
If I am the only one on the mortgage and don’t have a will… In such situation, if I die leaving behind my heir and spouse, will the property go through probate? What will happen to the mortgage?
if there is no will, then your spouse and heir will be able to file an affidavit of heirship at the county recorder's office and get the property transferred in their names. one of them will have to refinance the mortgage.
Posted on: 04th Jun, 2013 01:40 am
Hi Shai,

I agree with what Niicss has said. Normally, if you leave behind a will, then it needs to be probated after death.

Thanks
Posted on: 04th Jun, 2013 08:16 pm
Why don't you include your spouse's name in the mortgage? This will make the process of inheritance a lot easier after any one of you die.
Posted on: 05th Jun, 2013 10:44 am
The above post has been answered by Arthur Adams.
Posted on: 05th Jun, 2013 10:48 am
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