A Family Member Passed and Their House Is in Foreclosure. Now What?

Watch Video

This happened in my own family, and it was one of the hardest things we've been through.

My sister was estranged from our entire family for many years. She never called, and we didn't know how she was. One day my parents received a notice that her house was going into foreclosure. That's how we found out she had passed away — a year earlier. We had no idea she even owned a property.

What we had to do

Get an attorney and file probate. Someone needed the legal right to act for her estate.
Speak with the lender to stop the foreclosure. That gave us time to prepare the property and distribute everything.

It was a long, drawn-out process. But we got through it.

What to know about foreclosure timelines in California

After a Notice of Default is recorded, the lender has to wait at least 3 months before it can record a notice of sale.
The notice of sale must be posted and published at least 20 days before the sale.
The loan can usually be caught up (reinstated) until 5 business days before the sale date in the first recorded notice of sale.
Under a newer California law (AB 2424, effective Jan 1, 2025), for 1–4 unit homes, if the lender receives a signed listing agreement with a licensed California broker at least 5 business days before the sale, the sale must be postponed at least 45 days.

These timelines can matter a lot. The sooner you act, the more options you have.

If this is happening to your family

Don't ignore the notice. Write down every date on it.
Call a probate attorney right away. Ask how quickly someone can get legal authority to act.
Reach out to the lender (with your attorney's help) and explain what happened.
Get help with the house. Many homes in this situation need clean-out and repairs before they can sell.

I've helped families stop the clock on foreclosure and sell the home the right way. My team handles the clean-out, repairs and every detail, so you're not doing it all on top of everything else.

I'm not an attorney and can't give legal advice. I work alongside families and their attorneys to sell the home and keep things moving.

Helen K. Burke, REALTOR® | Residential Sales, Probate & Trust, NOD

Intero Real Estate | DRE #01175866 | 408-835-8967

How Do I Know I'm Getting a Fair Price for a Probate Property?

It's one of the biggest worries executors have. A professional appraisal is the best place to start. Here's what else helps.

What Happens If the Person Who Passed Still Had a Mortgage?

A mortgage doesn't go away when someone passes. Keep up the payments, insurance and taxes. When the home sells, the loan is paid off.

Should I Clean Out the House Before Selling It?

Not always. Before spending money on hauling and cleaning, figure out how the home will be marketed. Here's how to decide.

What Happens If the Family Doesn't Agree on Selling the House?

Family disagreements are common when settling an estate. Some want to keep and rent the home; others want the money. Here's what can help.

Do I Need Court Approval to Sell a House in Probate?

Not always. In California, it depends on the authority the court gave the executor or administrator. Here's how it works, in plain words.

Can I Sell a House in Probate Without Making Repairs?

Yes. Many probate homes sell as-is. Here's why many executors choose it, and what to think about before spending money on repairs.

How Do I Know If My Mom's Home Has to Go Through Probate?

A will alone doesn't keep a home out of probate. Here are the common ways a California home can pass, and when probate is usually needed.

The House Wasn't in the Trust. Does It Have to Go Through Probate?

If a parent's home was never moved into their living trust, probate may not be the only option. Here's what a Heggstad petition is, in plain words.

No Will, No Trust: What Happens When a Family Member Passes?

When someone passes with no will and no trust, California law decides who inherits. Here's what my family of five siblings went through.

What Happens When Property Doesn't Make It Into the Trust? Let's Talk About the Heggstad Petition

How a Heggstad petition can help a family avoid full probate when a home never made it into the trust

California Homeowners: AB 2424 Could Give You More Time If You're Facing Foreclosure

How a 2025 California law can give you up to 90 extra days to sell your home before a foreclosure sale

You're the Successor Trustee. Now What Happens to the House?

Do You Have to Probate Your Parent's House in California? The Rule Changed in 2025

A California home worth $750,000 or less may skip full probate under a 2025 law. Here's who qualifies — and the catch nobody mentions.

California Homestead Law

How It May Protect Your Home Equity

Work With Me

At Helen K. Burke Real Estate, we are devoted to helping you with any of your real estate needs.

Contact Me

Schedule a Meeting