Short answer

Yes — often you can keep the house and its mortgage after a parent dies, but the exact steps depend on how title is held, whether the loan allows assumption, and whether the estate has other debts. You usually must: (1) confirm how ownership passes; (2) notify and work with the lender; and (3) complete any probate or deed transfer needed under Pennsylvania law. Read the detailed steps below and contact the lender and a probate/real-estate attorney or your county Register of Wills for case-specific help.

Detailed answer (what you need to know and do)

1. Figure out how title to the house passes

The first question is whether the house passes outside probate or through the estate.

• If the house was owned jointly with a right of survivorship (joint tenancy or tenancy by the entireties for married couples), ownership usually passes automatically to the surviving co-owner. You then become the owner without probate, but you must record any required documents with the county recorder to show the change of title.
• If the house was owned solely in your parent’s name, or the will leaves the house to someone, the property typically goes through probate. The personal representative (executor/administrator) must handle title transfer as part of estate administration under Pennsylvania law. See Pennsylvania probate and intestacy rules in Title 20, Pa. Consolidated Statutes (Decedents, Estates and Fiduciaries): Chapter 21 (intestate succession) and Chapter 31 (administration). For more on estate administration in Pennsylvania, see the Pennsylvania Courts self-help page: https://www.pacourts.us/services/self-help/estate-administration.

2. Understand how the mortgage relates to ownership

A mortgage is a lien on the property. When the owner dies, the mortgage does not disappear. Whoever ends up owning the house (an heir, devisee, or surviving joint owner) generally takes title subject to the mortgage. That means the lender can still enforce the loan if payments stop.

Two common outcomes:

• You assume the mortgage with the lender’s approval. Many lenders require a formal assumption or refinance and a credit check. The lender may release the deceased borrower’s estate only after payoff or refinance.
• You refinance the loan into your name. This removes the deceased borrower from the loan and places responsibility on you.

3. Check the loan documents and contact the lender

Look for an acceleration or due-on-sale clause. Many mortgages allow the lender to demand full repayment if the property transfers. However, federal law limits enforcement of due-on-sale clauses in some transfers, including transfers resulting from the borrower’s death to a relative. See the Garn–St. Germain Depository Institutions Act, 12 U.S.C. § 1701j-3 (statutory protections for certain transfers). Relevant federal language is at: https://www.govinfo.gov/content/pkg/USCODE-2018-title12/html/USCODE-2018-title12-chap30-subchapI-sec1701j-3.htm.

Call the lender promptly. Explain the death and ask about assumption rules, documentation needed (death certificate, probate paperwork, identification), and whether the lender will allow you to continue payments or require refinance.

4. Handle probate or transfer of title

If the estate must go through probate, the personal representative will need to inventory assets, pay valid creditors, and distribute remaining property per the will or Pennsylvania intestacy rules (Title 20, Ch. 21). Because the mortgage is a secured claim, it must be addressed in the estate. The house can be distributed subject to the mortgage, but creditors (including the mortgage lender) must be paid from estate assets before distribution if required.

If you receive the house through probate, you may need a deed recorded to put title in your name. The Register of Wills and the Orphans’ Court (or the county probate process) can guide you on documents. See Pennsylvania Title 20 for the statutes governing estate administration: https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=20.

5. If the lender won’t allow assumption

If the lender refuses an assumption and won’t permit you to continue payments under the same mortgage, you can:

• Refinance the mortgage in your name (subject to qualifying for a new loan).
• Sell the property and use proceeds to pay the mortgage.
• Continue paying the lender to avoid foreclosure while you pursue other options, but understand you remain at risk if the lender enforces acceleration.

6. Practical and legal steps to take now

1. Obtain several certified copies of the death certificate from the Register of Wills or the funeral provider.
2. Find the mortgage note and most recent statements; note lender contact info and loan number.
3. Contact the lender and explain the situation — ask what documents they require to discuss assumption or refinance.
4. Determine how title passes (will, joint ownership, or intestacy). Contact the county Register of Wills or a probate attorney if title is unclear.
5. If probate is required, the personal representative must be appointed by the Orphans’ Court or Register of Wills; that person will handle estate debts and distributions.
6. If you become the owner, record a deed at the county Recorder of Deeds to protect your title and update homeowners insurance.

Relevant statutes and official resources

• Pennsylvania Consolidated Statutes, Title 20 (Decedents, Estates and Fiduciaries): general rules on intestacy and estate administration — https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=20
• Pennsylvania Courts — estate administration self-help: https://www.pacourts.us/services/self-help/estate-administration
• Federal law limiting enforcement of due-on-sale clauses for certain transfers (including transfers at death to a relative): 12 U.S.C. § 1701j-3 — https://www.govinfo.gov/content/pkg/USCODE-2018-title12/html/USCODE-2018-title12-chap30-subchapI-sec1701j-3.htm

Helpful Hints

• Keep thorough records: death certificate copies, mortgage statements, loan number, and any correspondence with the lender.
• Do not stop mortgage payments before you know the estate’s plan — missed payments put the property at immediate risk of foreclosure.
• If you are a surviving joint owner, record proof of survivorship (death certificate and affidavit) with the county recorder to clear title.
• Ask the lender about loss-mitigation options if you cannot afford the loan: loan modification, forbearance, or short sale.
• Consider refinancing sooner rather than later if you qualify; it prevents future disputes about responsibility for payments.
• Talk to the county Register of Wills or a probate attorney for local procedural requirements — Pennsylvania’s procedures and forms vary by county.
• Be aware that the estate must pay valid creditors; if estate assets are insufficient, the property may need to be sold to satisfy the mortgage and other claims.