What is probate? How do I know if it has been done on my deceased father's property? Who initiates it?

Question

I'm trying to find out if my father's property has been foreclosed on. Someone mentioned probate. What is it? Who initiates it? And how soon does it happen after the death of a person? He passed away a little over a year ago. No one has been paying on the mortgage. I contacted the recorders office and they gave me the back tax amount to be paid. It appears his name is still listed as owner on the county property records.

Answer 1

Probate is the process of divvying up a deceased persons estate.  It is a legal process where the will is examined and the courts decide how to split things up.  It take quite a bit of time.  

Probate is usually intiatied by the Executor Or Executrix of the will.  The Executor is also responsible to pay things like property tax out of the estate until probate is held.  Since there was no will, there isn't really anyone to press probate.  Heirs can do that.  

Who are the heirs?  If it is just you it will go more smoothly.  If there are multiple people it can get messy.  With no will, pretty much any blood relative will have a valid claim.  

You aren't getting answers to this question because it should really be in a section on wills or inheritances, not renting and real estate...

good luck!