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Yes. You must seek the advice of an attorney who specializes in probate in your jurisdiction. Laws vary in different jurisdictions but in most, the estate must be probated in order for legal title to the real estate to pass to the heirs-at-law.

If the title was in your husband's name alone, and you live in a separate property state, title to the real estate will pass according to his will or according to the state laws of intestacy if he had no will. You can check the laws of intestacy for your state at the related question link provided below. If you live in a community property state the rules may differ.

Since you signed a mortgage loan on property you do not own, you are responsible for paying the loan. The real estate is subject to the mortgage and if it isn't paid the lender will take possession of the property. That would be the case whether you signed it or not as long as the person who signed it was the owner at that time.

You should consult with an attorney who specializes in probate law in your state who can review your situation and explain your options.

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Q: Is a wife responsible for a house after husband dies if she signed on loan but house is not in her name just his?
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