Detailed Answer

What makes a house a non‑probate asset in Missouri?

“Probate” is the court process used to collect a deceased person’s assets, pay debts, and distribute what remains under a will or by intestacy rules. Some assets never enter probate because they pass automatically by operation of law or because title already names a survivor. Common reasons a house is not a probate asset:

• Joint ownership with right of survivorship: If the deed lists two or more people as joint tenants with right of survivorship, ownership passes automatically to the surviving joint tenant(s) when one owner dies.
• Beneficiary / transfer‑on‑death deed: Some states allow a deed that names a beneficiary who becomes owner on the grantor’s death. If such a deed validly transfers title on death, the property bypasses probate.
• Living trust: Property titled in a revocable living trust belongs to the trust. On the settlor’s death, the successor trustee distributes property per the trust without probate.
• Other non‑probate arrangements: Examples include life estates, tenancy by the entirety (for married couples in some states), or property already owned by a surviving spouse under applicable laws.

To confirm whether a house bypassed probate, check the recorded deed at the county recorder/registrar of deeds and look for language showing joint tenancy, beneficiary designation, or trust ownership.

If the house is non‑probate, who owns it and who can make decisions?

If title passed outside probate, ownership typically vests in the named survivor(s) or the trust’s successor trustee immediately on the decedent’s death. The new owner(s) then have the right to possess, sell, refinance, or pay debts secured by the property — subject to the mortgage and lender rights.

Can you make mortgage payments to avoid foreclosure if the administrator won’t or can’t help?

Short answer: sometimes — but proceed carefully.

Key points to understand:

• If the house is a non‑probate asset and you are the new owner (or successor trustee), you have the authority to make mortgage payments and to negotiate with the lender. The lender’s lien remains enforceable against the property even after ownership changes.
• If the house is part of the probate estate (it stayed solely in the decedent’s name and no nonprobate mechanism applies) and a court‑appointed administrator or executor controls estate property, only the administrator (or someone the court authorizes) can deal with estate assets. That includes making mortgage payments on estate property.
• If no administrator is appointed and the property remains in the decedent’s name, a willing third party can usually make voluntary mortgage payments to prevent foreclosure; but doing so does not automatically give that person title or legal authority. Lenders often accept payments from family members or occupants, but they may require written proof of authority or a new payment agreement. Keep careful written records of any payments you make. The lender can still require repayment or pursue foreclosure if the mortgage is not ultimately cured.
• If an administrator exists but refuses to act, you can file a petition in probate court to compel the administrator to perform duties, to remove an administrator for failure to act, or to be appointed as administrator yourself. Courts can also authorize someone to preserve estate property in emergencies.

Practical steps to protect the property and avoid foreclosure

1. Confirm title: Get a copy of the recorded deed from the county recorder. This shows whether the property passed outside probate. (If the recorder’s office has an online search, you can often get copies there.)
2. Check for a will or trust: Locate the decedent’s will or trust documents. If a trust holds the property, the successor trustee should act. If a will exists and the property is in the decedent’s name, the probate estate likely includes it.
3. Contact the mortgage lender immediately: Ask for total due, payment due date, arrears (if any), and loss‑mitigation options. Tell them someone is trying to preserve the property; lenders often provide short‑term solutions if they know a plan is in place.
4. Keep records: If you make payments, pay by traceable methods (check, wire, online) and keep receipts. Ask the lender to put any agreement in writing.
5. If an administrator exists and won’t act: Consider filing a motion in probate court to compel action or to ask the court for permission to make payments or sell the property to pay secured debt.
6. If no administrator exists and the estate is small: Missouri law has simplified procedures for small estates that may allow quicker transfer of property in some situations; check Missouri statutes or consult a probate attorney about whether a small estate affidavit applies.
7. Consider appointment as administrator: If you are a likely heir and the estate needs action, you can ask the court to appoint you as personal representative so you can protect estate assets.

Foreclosure basics and timing in Missouri

Mortgage foreclosure is a remedy lenders use when a borrower fails to pay. Mortgage liens remain attached to the property even if ownership changes at death. If a homeowner defaults, the lender can pursue its remedies under the mortgage and applicable law. Timelines and procedures vary by lender and loan documents. Contact the lender quickly and consider legal help if foreclosure is pending.

Where to find Missouri statutes and probate information

Missouri’s statutes and resources on wills, probate administration, and property transfers are available on the Missouri Revisor of Statutes website: https://revisor.mo.gov/. For practical court procedures and forms, see the Missouri Courts website at https://www.courts.mo.gov/.

Because probate and property rules can be technical and county practices vary, consider consulting a Missouri probate attorney if a foreclosure is imminent or if title is unclear.

Helpful Hints

• Start by checking the deed at the county recorder — that often answers whether the property bypassed probate.
• Get multiple death certificates early — lenders and title companies will ask for them.
• Contact the mortgage company the day you learn of a possible default. Lenders often pause foreclosure if they know someone will cure arrears or if a short‑term plan is in place.
• If you make payments without legal title, get a written receipt and a written statement from the lender acknowledging payments from you will be credited to the loan.
• Keep detailed, dated records of all communications with the lender and probate court filings.
• If you may need to be appointed administrator, ask the probate court clerk for local forms and timelines; acting quickly can prevent loss of the property’s value.
• When in doubt, hire a Missouri probate attorney — even a short consultation can clarify whether the house is probate property and what immediate steps protect it.