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Your parents' property will pass to their heirs at law according to the state laws of intestacy when their estates are properly probated. You can check the laws in your state at the related question link.

The mortgage must be paid or the lender will take possession of the property by foreclosure. If you want to keep the property then you must make arrangements to pay the mortgage. Some mortgage agreements allow assumption by a family member after the death of the original mortgagor.

In the case of real property the parent's estate must be probated in order for title to the property to pass to the heirs legally. You should consult with an attorney who specializes in probate law in your area.

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Q: What happens if parents left no will and house is still mortgaged?
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