Short answer

Many homes that people think must go through probate actually pass to survivors outside probate. Common ways that happens in South Carolina include joint ownership with rights of survivorship, property held in a living trust, or a transfer-on-death/beneficiary designation. Even if the house avoids probate, any mortgage attached to the property remains a lien. In most cases you can make mortgage payments to keep the loan current and delay or prevent foreclosure, but whether you should and how best to do it depends on how title actually passed and whether an estate administrator has been appointed. See South Carolina probate law overview: SC Code Title 62 (Probate, Estates & Fiduciaries) and the South Carolina Judicial Branch probate pages: sccourts.org – Probate.

Detailed answer — why a house may not be a probate asset under South Carolina law

Probate applies to property that was owned solely in the decedent’s name at death and that must be transferred through the probate court. However, many ownership arrangements cause property to pass automatically outside probate. The most common non-probate situations are:

• Joint ownership with right of survivorship: If the decedent owned the property jointly (for example, as joint tenants with right of survivorship), ownership automatically vests in the surviving joint owner at death.
• Tenancy by the entirety: Married couples often hold real estate as tenants by the entirety. On the death of one spouse, the surviving spouse automatically becomes sole owner.
• Living trust ownership: If the decedent placed the house in a revocable living trust and the trust names beneficiaries or contains successor ownership terms, the trustee transfers title under the trust terms without probate.
• Transfer-on-death / beneficiary deed: Some states allow deeds that name a beneficiary who receives title at death. If South Carolina property was transferred by a valid beneficiary/transfer-on-death deed, title passes outside probate.
• Contractual or recorded rights: Life estates, rights created by contract, or other recorded interests can mean the decedent did not own a full probate estate interest at death.
• Sale or gift before death: If the decedent sold or gave the home away before dying, it is not part of the probate estate.

To confirm whether the house was a probate asset, you should:

1. Obtain the recorded deed from the county deed office or online county records and check how the deed is worded (joint tenancy, tenancy by entirety, trust, or beneficiary language).
2. Check whether there is a recorded trust or trust assignment affecting the property.
3. Verify whether a will was filed and whether a probate estate has been opened in the local probate court.

If the property passed outside probate, no South Carolina probate court action is required to transfer legal title. If the property is a probate asset, the court-appointed personal representative (executor or administrator) has authority to manage the property and must protect estate assets during administration.

What happens to the mortgage when the owner dies?

Important rule: a mortgage is a secured debt attached to the property, not merely to the person. The existence of a mortgage does not go away when the owner dies. Key consequences:

• If title passed outside probate (for example to a surviving joint tenant or a trust beneficiary), that new owner receives the property subject to the existing mortgage lien. The lender can still enforce the mortgage against the property for missed payments.
• If the house is a probate asset, the estate has the duty to preserve estate assets and pay estate debts — including mortgage payments until the estate resolves title or the property is sold.
• Creditors (including the mortgage lender) must be notified of the death and there are statutory procedures for presenting claims. See the South Carolina Probate code overview: SC Code Title 62.

Can you make mortgage payments yourself to avoid foreclosure — without the administrator’s help?

Yes, usually you can make payments, but the practical and legal details matter:

When title passed outside probate (you are the new owner)

If you already own the house (for example, because you were a joint tenant or beneficiary), you may continue making mortgage payments. You are responsible for keeping payments current if you want to avoid foreclosure. Practical tips:

• Contact the lender, explain the death, provide a copy of the death certificate, and tell them you are now the owner. Ask for the loan balance and how to make payments in your name.
• Ask whether the lender permits assumption, or whether you must refinance to remove the deceased borrower from the note. Some loans have a due-on-sale or due-on-death clause; some lenders will waive enforcement if you make timely payments and provide documentation.
• Get written confirmation of any new payment arrangement.

When the house is a probate asset (estate not yet administered)

If the house is still part of the probate estate, the personal representative (or administrator) has the legal authority and duty to protect estate property. If no administrator has been appointed or you are not the administrator, you can still make payments, but:

• The estate may need to account for payments. If the administrator later disputes payments you made, there could be accounting questions unless you get receipts and the administrator’s consent.
• Lenders often accept payments from a responsible family member to avoid foreclosure; they usually care most about receiving money and preserving the collateral than about strict formalities. Still, get a receipt and try to have the administrator or attorney coordinate.
• If foreclosure is imminent and no administrator is in place, you can provide the lender with the death certificate and ask for a short forbearance, loan modification, or temporary payment arrangement while someone seeks letters of administration. Lenders generally prefer avoiding foreclosure and may cooperate temporarily.

Practical steps to avoid foreclosure quickly

1. Confirm whether you hold title by reviewing the deed.
2. Get certified copies of the death certificate.
3. Call the mortgage servicer immediately. Explain the situation and ask about options: forbearance, loan modification, short-term reinstatement, or acceptance of payments from a family member. Request all agreements in writing.
4. Keep records of every payment, and get receipts or a written account credit from the lender showing the account is current.
5. If the estate must be opened, consider asking the probate court for expedited letters of administration so someone can act formally to protect the asset.
6. Talk with a South Carolina probate or real estate attorney if the lender refuses reasonable temporary relief or if title is contested.

When you should involve an administrator or get legal help

You should involve an appointed personal representative or seek legal advice if:

• Title is in the decedent’s name alone and the estate needs to manage or sell the property.
• Multiple heirs claim the house and ownership is disputed.
• The lender refuses payments from anyone but the personal representative or requires the estate to handle the loan.
• There are tax, insurance, or major repair issues affecting the property.
• You need help filing for appointment as administrator (letters of administration) so someone can legally protect estate property in South Carolina.

Helpful hints

• Start with the deed: that single document usually tells whether the property passed outside probate.
• Get a certified death certificate early — lenders and title companies will ask for it.
• Contact the mortgage servicer the same day you learn foreclosure might be possible; lenders often offer short-term solutions if they are informed early.
• Keep meticulous records: payments, dates, names, call notes, and copies of any documents you send or receive.
• If you pay the lender without being the administrator, get a written receipt showing the payment and the account balance; this protects you if the estate later questions the transaction.
• If you plan to keep the house long-term and you don’t already own it free and clear, plan for refinancing or loan assumption as appropriate.
• Consider quickly filing for appointment as administrator if there’s no representative and immediate action is required — a lawyer can often accelerate the process.
• Preserve insurance: ensure hazard/ homeowners insurance and property taxes remain current to avoid additional liens or losses.

Where to look for South Carolina-specific rules

General probate statutes and procedures in South Carolina are part of the South Carolina Code, Title 62 (Probate, Estates & Fiduciaries): https://www.scstatehouse.gov/code/t62.php. For local probate procedures and forms, see the South Carolina Judicial Branch probate court information: https://www.sccourts.org/probate/. For mortgage servicing and foreclosure procedures, review communications from the mortgage servicer and consult a South Carolina attorney if the lender threatens foreclosure despite your efforts to preserve the property.