Legal Question in Real Estate Law in California

Without going through probate, you can't keep it. The only way to keep it would be to probate it, and refinance it in the name of the heirs who inherit it. If his estate has a negative net worth, though, you really have no choice but to walk away.

Without doing detailed research, my feeling is that Mr. McCormick's answer is incorrect. The Probate Code contains a very-much simplified procedure for setting aside an estate that has a small (under $20,000, I think) net value after debts and liens, and thus short-cutting standard probate proceedings. It's in Probate Code sections 6600 et seq., Further, "disposition of estate without administration" is the topic of Probate Code Division 8, which covers two major areas of much-simplified procedure: Sections 13000 et seq. covering "collection or transfer of small estate without administration" and sections 13500 et seq. covering "passage of property to surviving spouse without administration."

I do not practice in the area of wills, trusts and estates, but I think if you find a lawyer in your community who does, and ask for an initial consultation, that attorney will be able to show you how to handle your husband's estate within the law (Probate Code) but without a full-blown probate proceeding.

You didn't say who is liable on the mortgage or mortgages, and very likely you are not since you were not "on title" (this is the correct expression; "on the deed" is incorrect), but his estate technically is liable for his debts. If neither the estate nor the successor owner under the rules of intestate succession pay the mortgage, there will ultimately be a foreclosure and whoever is in possession at the time will ultimately be evicted.

For longer-term peace of mind and problem avoidance, I recommend finding a local estates attorney who can coach you through all this, preferably on an as-needed basis with a reasonable hourly rate and conservative running of the meter.

You can't keep it without going through probate, if it was in his name only. If the mortgage goes into default, the lender will get it through foreclosure, or a trustee's sale, or sell it to a third party.