Detailed Answer — clear steps to follow under New Hampshire law

If a parent dies and you want to keep the home, you must handle two separate issues: (1) who receives legal title to the house, and (2) who is legally responsible for the mortgage. The lender’s loan contract does not automatically disappear when a borrower dies. Below are practical steps and legal points to address these two issues in New Hampshire.

1. Confirm how title to the house passes

Find the deed and any estate planning documents (will, trust) your father used. Common possibilities:

• Property held as joint tenants with right of survivorship or tenancy by the entirety: title often passes automatically to the surviving owner.
• Property held solely in the deceased’s name: title usually transfers through probate (by will) or by intestate succession if there is no will.
• Property held in a living trust: the trustee follows the trust terms, which may bypass probate.

If title passes to you (by survivorship, will, or trust), you still must address the mortgage obligation.

2. Notify and communicate with the mortgage lender

Contact the lender as soon as possible. Typical lender requests include a death certificate, a copy of the will or letters testamentary/letters of administration, and proof of your relationship or interest in the property. Do not stop communicating — missing payments can trigger default or foreclosure.

3. Determine whether you can assume the mortgage

Check the mortgage note and deed of trust for an assumption clause or a due-on-sale clause. Common outcomes:

• Assumable mortgage: the lender’s paperwork will explain procedures and qualification criteria. You will likely need to apply, pass credit and income checks, and pay assumption fees.
• Non-assumable loan / lender requires payoff: the lender may require you to refinance or have the estate pay the loan to clear title.

Even if the mortgage appears non-assumable, lenders sometimes offer post-death options (loan modification, refinance, or special programs). Ask about options and timelines.

4. If the estate handles the property

If the home goes through probate, the personal representative (executor or administrator) controls estate assets and must continue mortgage payments until they sell, refinance, or transfer the property. Creditors’ claims against the estate follow probate rules; the representative may need court approval for major actions.

5. Common options available to heirs or beneficiaries

• Assume the loan with lender approval (you become the borrower).
• Refinance the mortgage in your name to pay off the deceased’s loan.
• Sell the property and use sale proceeds to satisfy the mortgage.
• Keep the loan in the estate and have the estate continue payments while it winds down (if funds permit).
• Deed transfer to heir without lender consent — risky. Many mortgages include due-on-sale clauses and the lender may accelerate the loan; always check with the lender first.

6. Documents you will likely need

• Certified copy of the death certificate
• The mortgage note and deed of trust or mortgage
• The decedent’s will (if any) and any trust documents
• Letters testamentary or letters of administration from the probate court (if the estate is opened)
• Your photo ID, proof of income, and credit information (if applying to assume or refinance)

7. When to open probate in New Hampshire

If the property is solely in your father’s name and no survivorship ownership or trust applies, you will likely need to open probate so a personal representative can transfer title and handle creditor claims. New Hampshire probate rules and procedures govern appointment of the personal representative and estate administration; check the New Hampshire probate court information and the state statutes for probate and intestacy for specific filing requirements: New Hampshire Revised Statutes Annotated (RSA) – general index and the New Hampshire Probate Courts page at courts.state.nh.us/probate.

8. Timing, payments, and foreclosure risk

Keep making mortgage payments if possible while you sort out title and lender issues. If payments stop, the lender can pursue foreclosure under its loan documents and New Hampshire foreclosure laws. Acting promptly lowers the risk of losing the property.

9. When to consult an attorney in New Hampshire

Talk to a New Hampshire attorney if any of the following apply:

• There is no will or there is a dispute among heirs about the property.
• The lender refuses to discuss assumption or accelerates the loan.
• Probate is complicated by other debts or creditor claims.
• You need help qualifying for assumption or a refinance, or you face imminent foreclosure.

For general information about New Hampshire estate administration and probate filings, see the New Hampshire statutes and court probate resources linked above.

Helpful Hints

• Locate the mortgage paperwork and deed before contacting the lender. Account numbers and the exact loan type make conversations faster and clearer.
• Get several certified copies of the death certificate; lenders, the probate court, and other institutions will ask for them.
• Don’t sign a deed transferring title until you know how the lender will respond. A transfer without notice can trigger loan acceleration in some cases.
• If you can’t qualify to assume the loan, a quick sale or refinance by another family member may prevent foreclosure.
• Ask the lender about borrower-death procedures and whether they offer a hardship modification or temporary forbearance while probate is resolved.
• Keep thorough records of every call and correspondence with the lender, including dates, names, and what was said.
• If the estate’s assets are limited, the personal representative must follow New Hampshire probate rules when deciding whether to keep or sell the property to pay debts.
• Use qualified local help: a New Hampshire probate or real estate attorney and a mortgage lender familiar with post-death assumptions can save time and protect your rights.

If you want, I can help draft a checklist of documents to gather before you call the lender or the probate court.