My dad died with no will. His only asset is home valued at less then loan. Can we walk away from house and avoid probate.

Generally, the bank can not take the house and avoid probate. The bank could file a foreclosure action if the debt is not being paid timely. The bank can start a probate if the heirs do not start such a proceeding after a time period controlled by the Wisconsin Legislature. You do not have to go to probate and we suggest: 1) That you check to see if the property is insured as a non-occupied structure with your father’s insurance agent. 2) That you advise the bank officials of the heirs’ intention not to probate and provide them the keys to the house so that they can secure the building and also advise them of the status of the insurance coverage. Remember blighted neighborhoods and vandalized homes can be a by-product of non-caring for how buildings are protected.