Subject-to with a property that has not been probate yet?

[Oscar S. Holguin]

Hello all I have a question that i cannot seem to find the answer to and have never come across. Have an owner whose father passed away and did not leave a will. Of course the son who is the only aire to the property wants to sell but cannot afford to pay the lawer for the intestate. 

It still has a loan balance and some back taxes which makes it almost and impossible cash deal but the subject to will work perfectly, my question is, is it possible to do a subject-to with the son even though he is not on the title officially? Im assuming no but im not sure if anyone else has ran into this issue or has found some way around this.

Im stuck between the fact that he cannot pay for the intestate fees upfront and that i can only get the fees paid at the back end of a closing with the title company if it is a cash deal. Does anyone have any insight? Thanks!