Do we have to go through probate before we can sell the house?
Not always. Probate depends on how title was held and what estate documents exist. Confirm who has legal authority before signing a listing or sale agreement.
Confirm who has authority before making property decisions
The deed, trust, will, court documents, and mortgage records may all affect what can happen next. Being named in a will does not always mean a person can immediately sign a listing agreement or deed. Before accepting an offer, transferring ownership, or spending heavily on repairs, confirm who currently holds title and who has legal authority to act for the property or estate.
A mortgage usually remains attached to the property
A death does not automatically erase the loan. Payments, insurance, taxes, and maintenance may continue while ownership or estate authority is resolved. Contact the servicer, preserve payment records, and ask what documentation is required. Do not assume that taking title automatically makes an heir personally liable for the deceased borrower’s debt.