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Detailed answer — how a house can be non‑probate under North Dakota law

Whether a house must pass through probate depends on how the deceased owned the property when they died. Probate is the court process that transfers assets held in the decedent’s individual name. If the decedent owned the house in a way that automatically transferred on death, the house is typically “non‑probate.” Common non‑probate ownership situations include:

• Joint tenancy with right of survivorship: When two or more people hold title as joint tenants with rights of survivorship, the surviving joint tenant(s) automatically become the owner(s) at death. No probate is needed to transfer title.
• Property held in a living trust: If the decedent placed the house in a revocable living trust and named successor beneficiaries or trustees, the trust document controls transfer on death and avoids probate.
• Transfer‑on‑death / beneficiary deed: Some states allow deeds that name a beneficiary who takes title at the owner’s death. If North Dakota recognizes such a mechanism and one was used, the property passes outside probate. (Check the North Dakota Century Code or the state courts for availability and rules.)
• Tenancy by the entirety or community property rules: Special ownership forms for spouses (if applicable) may result in automatic transfer to the surviving spouse.

When the decedent owned the house solely in his or her name with no survivorship, trust, or beneficiary designation, the house is usually a probate asset. Probate will be needed to clear title and legally transfer ownership to heirs or devisees.

For basic North Dakota probate help and background on how property transfers happen after death, see the North Dakota Courts probate information: https://www.ndcourts.gov/legal-resources/self-help/probate. For the North Dakota Century Code and statutory rules, search the state code here: https://www.legis.nd.gov/cencode.

What happens to the mortgage when the owner dies?

Mortgages and promissory notes are separate contractual obligations. Death of the borrower does not automatically erase the debt. Typical results:

• If the house remains titled in the decedent’s name and the mortgage is unpaid, the lender can pursue the mortgage under its terms. That may include requesting payment in full or starting a foreclosure action if payments stop.
• If title passes outside probate to a survivor (for example a joint tenant), the lender may still require the loan to be refinanced or formally assumed. But many lenders will allow a surviving joint owner to continue making payments and stay in the home.
• If an heir or beneficiary inherits the house via probate or otherwise, they generally take subject to the mortgage; they can either assume the mortgage (if permitted), refinance, sell the house to pay off the loan, or risk foreclosure if they do not make payments.

Because foreclosure and lender practices are regulated under state law and contract terms, review the loan documents and contact the lender to understand the lender’s position.

Can you personally make mortgage payments to avoid foreclosure without the administrator?

Short answer: yes, often you can make payments, but do so carefully and confirm everything in writing.

Practical points:

• Lender acceptance: Lenders sometimes accept payments from third parties (family, heirs, friends) to keep the loan current. Many lenders prefer the person on the loan or the estate’s representative to make payments, so call the loan servicer immediately to explain the situation and ask how to set up payments from a third party.
• Documentation: Always get written confirmation from the lender that payments you make will be credited to the loan and that accepting payments does not create an obligation for you to become the borrower or the owner. Without written agreement, you risk paying but not protecting your legal rights.
• Title vs. payment: Making mortgage payments does not give you legal title to the house unless you and the homeowner (or the estate) complete a legal transfer (for example, a deed). If you make payments while not on title, consider a written agreement that describes whether the payments are a loan to the estate, a gift, or a contribution toward an agreed transfer of ownership.
• Estate administration: If the estate already has an administrator or personal representative, that person controls estate funds and decisions about the house during probate. Coordinating with the administrator is usually necessary to ensure actions are lawful and to avoid disputes with other heirs.
• Stopping foreclosure: Temporary payment or forbearance may stop or delay foreclosure, but lenders can still pursue remedies if mortgage requirements aren’t ultimately met. You may also be able to negotiate a loan modification, forbearance, or short sale through the servicer.

Steps to take right now (practical checklist)

1. Obtain a copy of the deed and check the county recorder’s office (or online records) to confirm how title is held.
2. Contact the mortgage servicer immediately. Ask who is on the loan, the balance, the payment status, and whether they will accept payments from you or allow an assumption or forbearance.
3. Get everything in writing from the lender: what payments will be accepted, how they will be applied, and whether your payments affect foreclosure or the loan’s status.
4. If the estate is in probate or an administrator is appointed, coordinate with that representative before making major financial decisions for the estate asset.
5. Consider claiming occupancy or an interest by agreement in writing if you intend to keep the house (for example, pay toward refinancing), or consider negotiating a purchase or assumption with the estate representatives.
6. If ownership is unclear or the lender refuses to negotiate, consult a North Dakota attorney who handles probate, real estate, or foreclosure defense.

For procedural information about probate and how to begin administration in North Dakota, start with the North Dakota Courts resources: https://www.ndcourts.gov/legal-resources/self-help/probate. For state statutes and formal code, search the North Dakota Century Code here: https://www.legis.nd.gov/cencode.

When you should talk to an attorney

Talk to a North Dakota attorney if any of the following apply:

• Title is unclear or the county records are inconsistent.
• The lender threatens immediate foreclosure and will not accept payments from you without formal steps.
• Multiple heirs or family members disagree about who should own or pay for the property.
• You want to assume the loan, buy the house, or obtain a written agreement reflecting payments you make.

An attorney can identify whether the property is a probate asset under North Dakota law, help prepare deeds or assumption agreements, and negotiate with the lender.

Helpful Hints

• Check the county recorder’s office for the deed and mortgage records—this is the fastest way to see who holds title.
• Ask the lender for a payoff statement and a written outline of options (forbearance, loan modification, assumption).
• If you start paying, keep a record of every payment, who accepted it, and written confirmation of how it was applied to the loan.
• Don’t sign a deed or assume a mortgage without legal counsel—some transactions have tax and long‑term liability consequences.
• Learn whether North Dakota recognizes transfer‑on‑death deeds or similar devices for avoiding probate and whether one was used for this property (search the North Dakota Century Code or ask an attorney).
• If you plan to pay the mortgage and expect to be reimbursed by the estate or obtain title, get a written agreement explaining repayment or equity rights.