What “non‑probate” means, in simple terms

Non‑probate property passes to a new owner automatically when the owner dies, without being collected, inventoried, and distributed through the Surrogate’s Court. Probate property is titled in the decedent’s name and must be handled through the probate process before final transfer to heirs or beneficiaries.

Common ways a New Jersey house can be non‑probate

• Joint tenancy with right of survivorship or tenancy by the entirety: When two or more people hold title as joint tenants or (for married couples) tenants by the entirety, surviving owners usually take full ownership automatically at death.
• Living trust: If the decedent placed the house in a revocable trust and named a successor trustee, the successor controls the property by the trust terms without probate.
• Transfer‑on‑death / beneficiary deed: Some states allow deeds that name a beneficiary who receives the property when the owner dies. If a valid beneficiary deed exists and was executed under state law, the property bypasses probate.
• Designated beneficiary on a mortgage or deed instrument: In limited circumstances, certain recorded instruments or contract terms can accomplish an automatic transfer.

How to determine whether the house is part of the probate estate

1. Check the deed recorded at the county clerk/registrar of deeds office. Look for joint tenancy, tenancy by the entirety language, a trust name, or a recorded beneficiary/TOD deed.
2. Obtain a certified copy of the decedent’s deed and the county’s title index online or in person.
3. Look for a trust instrument (if you know one exists), a will, or beneficiary deed paperwork.
4. If the decedent died owning the house in their individual name and no non‑probate mechanism exists, the house is likely a probate asset and must be administered by a personal representative appointed by the Surrogate.
5. If in doubt, contact the county Surrogate’s Office or a probate attorney. New Jersey Courts provide general information about wills and estate administration: https://www.njcourts.gov/selfhelp/wills_estates.html

If the house is non‑probate: what you should do now

If title already passed to you automatically:

• Record a certified copy of the death certificate (if requested) and any required transfer paperwork with the county recording office so records reflect the new owner.
• Contact the mortgage servicer immediately. Provide your proof of ownership (recorded deed, death certificate) and tell them you will continue or resume payments. Ask for the account status, reinstatement payoff (if in default), and any loss mitigation options.
• Keep paying the mortgage, taxes, insurance, and utilities. Timely payments prevent foreclosure and protect your credit and equity.
• If the lender resists accepting payments from you, ask for written instructions and escalate to a supervisor if necessary.

If the house is a probate asset: who can legally make mortgage payments?

When the house is an estate asset, the personal representative (executor or administrator) has the legal duty and authority to preserve estate property. That includes making mortgage payments, paying taxes and insurance, and protecting equity.

Practical points:

• You can make voluntary payments to keep the mortgage current, but you should get written confirmation from the mortgage servicer that (a) they will accept payments from you, (b) how those payments will be credited, and (c) whether making payments gives you any ownership or priority claim. Lenders sometimes accept third‑party payments to stop foreclosure but still treat the estate as the primary obligor.
• If you are an heir but not the court‑appointed personal representative, your payments may not create enforceable ownership rights. If you advance funds, document them in writing and consider asking the Surrogate to grant you authority or to appoint you as administrator so you can be reimbursed from estate assets.
• If no one is acting and foreclosure is imminent, an interested person can petition the Surrogate’s Court for appointment as administrator or for temporary authority to manage the property. The Surrogate can sometimes grant limited emergency powers faster than a full administration.
• Courts and lenders prefer that an authorized fiduciary handle estate property because of competing creditor claims and duty of impartial administration.

If foreclosure is already underway — immediate practical steps

1. Contact the mortgage servicer immediately and ask for reinstatement amounts, foreclosure timelines, and loss mitigation options (loan modification, forbearance, deed‑in‑lieu, short sale).
2. Get written verification if the servicer will accept payments from you or another family member and how those payments will be applied.
3. Contact the county Surrogate about emergency petitions or expedited appointment of an administrator. New Jersey Courts offer resources about probate and how to open an estate: https://www.njcourts.gov/selfhelp/wills_estates.html
4. Consider foreclosure mediation programs or housing counseling. The New Jersey Housing and Mortgage Finance Agency and HUD‑approved counselors can help with options and paperwork. For state housing resources, see the New Jersey Department of Community Affairs: https://www.nj.gov/dca/.
5. If necessary, consult a New Jersey probate/foreclosure attorney quickly — many attorneys offer brief consultations to explain emergency options and likely timelines.

Why documentation and record‑making matter

Whether you are an owner, heir, or paying to preserve the property, keep all paperwork:

• Death certificate, recorded deed, trust documents, beneficiary/TOD deed, mortgage statements.
• Copies of payments you make (bank records, cashier’s checks), written correspondence with the servicer, and written agreements about acceptance of payments.
• Petitions filed with the Surrogate and any court orders.

Good documentation protects you from future disputes, claim by creditors, and confusion over reimbursement.

When to get legal help

Consider consulting a New Jersey attorney if any of the following apply:

• Title is unclear or contested among heirs.
• The mortgage servicer refuses to accept your payments or to provide clear instructions.
• Foreclosure is imminent and you need emergency filings with the Surrogate or court.
• There are tax, creditor, or complex estate questions (large debts, multiple properties, trust issues).

If cost is an issue, look for legal aid or local bar association referral programs for New Jersey residents.

Helpful Statutory and Court Resources (New Jersey)

• New Jersey Courts — Wills & Estates (general guidance on probate administration): https://www.njcourts.gov/selfhelp/wills_estates.html
• New Jersey Legislature (statute repository and searchable laws): https://www.njleg.state.nj.us/
• New Jersey Department of Community Affairs (housing resources): https://www.nj.gov/dca/

Note: If you want a statute citation for a specific point (for example, tenancy by the entirety rules or Surrogate powers), a probate attorney or the Surrogate’s Office can point to the exact New Jersey Revised Statutes sections that apply to your case.

Helpful Hints

• Start by checking the recorded deed at the county recording office — that often answers whether the house avoided probate.
• Call the mortgage servicer as soon as possible. Most servicers have timeframes and will explain reinstatement steps and foreclosure timelines.
• Keep paying property taxes and insurance even if you are sorting out title — those liens can cause or worsen foreclosure issues.
• If you pay the mortgage informally, get a written acknowledgment from the servicer that it will credit your payments.
• If the house is a probate asset, petition the Surrogate for appointment or emergency authority rather than acting unilaterally for long periods.
• Document everything: payments, phone calls, emails, recorded documents, and court filings.
• Use free or low‑cost resources: NJ Courts self‑help pages, county Surrogate’s forms, HUD‑approved housing counselors, and bar association referrals.