can you short sale a home if the owner passed without probate?

[Daniel Walkowiak]

I am new to wholesaling and went to one of the houses on my pre foreclosure list and found out the owner of the home had passed and it was currently her son living there after going through the house and looking at repairs needed we talked to him and he said he would be happy with getting just 500$ more for the house than the mortgage, So I decided to see if it would be possible to do a short sale with the home and got his approval and loan number on the house and plan on contacting the lender tomorrow, but I thought I would ask on here to get some advise on if this is even possible to do since the house is not in his name and there isn't enough time for the house to go through probate, or would the house currently belong to the bank and I would have to sign a contract with them instead of her son? any responses or advice would be greatly appreciated thanks.