Estate Law Questions? Ask an Estate Lawyer.
If you don't petition for probate, then the property title would remain in your husband's name. The bank would have to petition for probate as an "interested party," which would cost the bank money. It would be more cost-effective for the bank to simply foreclose and take the property.
Based on your stated facts, and assumin that your name is ***** ***** title to the house (e.g., as "husband and wife"), then your best option may be to simply do nothing.
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