Should You Stop Paying the Mortgage During Probate?

The mortgage does not go away when the owner dies. The loan remains a lien against the property, and if payments stop, the lender can eventually move toward foreclosure even while probate is pending. Letting that happen can wipe out the equity the heirs are counting on.

Keeping the loan current

Where the estate has funds, continuing the mortgage payments protects everyone's interest until the home sells. The estate can typically use estate funds for this, and payments made to preserve the asset are a legitimate expense of administration. If cash is tight, options include a short timeline to sale, communicating with the servicer about the borrower's death, or in some cases a reverse-mortgage payoff at closing.

If foreclosure has already started

Do not wait. A home in probate can still be sold ahead of a foreclosure sale if you act quickly. We have guided families through exactly this situation and can move fast to protect the equity.

General information, not legal or financial advice.