probate?

What is the name of your state? TN My mom died on the 18th of May 2003. She and my dad owned a house and when she died the house went to him. He has been in a nursing home for the past three years. I was told that when he died the state would put a lien on the house as they were helping with his nursing home costs under TN care. There is also a second mortgage on the house of about $6,000. My question is do I have to probate the estate. I have nothing to gain by doing so obviously. Why should I have to pay to probate this estate when I have nothing to gain from it. The house is just sitting there empty. Do I let the bank foreclose on the second mortgage and let them and the state haggle it out or what? I for got to mention that my dad died the 1st day of August 2003 Thanks

If the house could sell for a reasonable amount, then you might be able to get a part of the profits after the lien is paid off and the home is sold. Therefore probate would be necessary for you and/or your siblings to be legally, officially established as heirs.