When a person dies and leaves a mortgaged house. A probate fee will be sought from the beneficiaries / those left behind. This probate fee is determined by the value of the property. If the beneficiaries cannot pay the fee to close probate on the mortgage property the property will be sold. This sale is often known as an estate sale.
The real estate transaction could be contested. The contesting will occur if there is a disgruntled heir or a decedent did not follow the correct legal formalities. This contesting could postpone the estate sale or transfer of ownership for a long time. However, most probates go uncontested.
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