Probate offer to buy subject-to existing loan

[Nixon Vayupak]

I need some guidance to see how this can work.  I understand using the "subject to" approach in regards to foreclosures or if the seller just wants completely out from his property.  But how can one apply this creative approach in regards to Probate?  Just by thinking out loud, since the owner is deceased and there is nobody on title except for himself. Wouldn't going into probate inform the lender that the owner of the property is deceased and the bank should start making preparation in retrieving full payment? The reason, why I am asking is that I encountered and interesting lead, where the owner has been deceased for 6 months now and that their daughter has been making mortgage payments ever since.  They have yet opened probate since they are afraid of losing the fathers property at that time.  Now time has changed and they are considering they want out.