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Short summary: If you want to keep your deceased parent’s house and the mortgage in place in Washington, you must (1) determine how title to the home passes under Washington law, (2) notify and work with the mortgage lender about assumption or repayment options, and (3) complete the required title-transfer or probate steps so the property is legally in your name. Federal law typically prevents a lender from enforcing a due‑on‑sale acceleration just because the property transfers to a relative at the borrower’s death, but you still need either a nonprobate transfer or the court’s probate process to clear title before you can refinance or sell.

1) Who actually gets the house?

Start by identifying how title passes. Common possibilities in Washington:

• Joint tenancy with right of survivorship — the surviving joint tenant automatically owns the property and no probate is needed.
• Transfer-on-death / beneficiary deed — the named beneficiary gets title on recording; no probate is needed. (Washington statutes governing recording and deeds are in Title 65, RCW: https://app.leg.wa.gov/RCW/?title=65.)
• Will or intestacy — if the decedent left a will, or died without one, the decedent’s real property often must pass through probate or a determination of heirs before clear title transfers. Washington probate law is in Title 11, RCW (https://app.leg.wa.gov/RCW/?title=11), and intestate succession rules are there as well (see, for example, the statutes under Title 11: https://app.leg.wa.gov/RCW/?title=11).

2) What happens to the mortgage?

Mortgages are debt secured by the property. Two separate issues exist: ownership of title and who is liable for the loan.

• If you become the owner (by survivorship or successful probate transfer) but do not sign the mortgage, you are not automatically personally liable for the loan unless you assume it or refinance into your name. The lender’s security interest, however, remains attached to the house.
• Lenders often include a “due‑on‑sale” clause that lets them demand full payment if ownership transfers. But federal law provides an important exception: transfers that occur because of the borrower’s death to a relative generally cannot be subject to mandatory loan acceleration. See 12 U.S.C. § 1701j‑3(b)(5) (Garn‑St. Germain Act), which protects transfers to a relative upon the borrower’s death from automatic due‑on‑sale enforcement. A helpful source: https://www.law.cornell.edu/uscode/text/12/1701j-3.

3) Practical lender steps

1. Gather the mortgage statement, promissory note (if available), deed, death certificate, and any will or beneficiary deed.
2. Call the mortgage servicer early — tell them the borrower died and ask about the account, required documentation, and whether an assumption is available. Many lenders allow a relative to assume or remain in the home without accelerating the loan (especially when federal law applies), but policies vary.
3. If the lender requires a formal assumption, ask for the lender’s assumption application and explain your finances. Some loans are assumable only with lender approval and credit underwriting.
4. If the lender will not permit assumption, you can usually remain in the home until the estate must repay or the lender enforces remedies (foreclosure) if payments stop. Options include refinancing the loan in your name, selling the house, or negotiating a deed in lieu of foreclosure with the lender.

4) Clearing title: probate or nonprobate transfer

If title does not pass automatically, you will need a probate process or statutory mechanism to transfer title into your name so you can refinance or sell. Washington has probate procedures under Title 11, RCW: https://app.leg.wa.gov/RCW/?title=11. Key practical paths:

• Nonprobate transfer (no court): joint tenancy or a recorded beneficiary deed avoids probate. If a beneficiary deed exists, record the death certificate and any required forms to vest title.
• Small estate or simplified procedures: Washington provides simplified procedures for smaller estates and for certain types of property, but the availability depends on the estate’s size and whether real property is involved. Consult Title 11 (probate) for details: https://app.leg.wa.gov/RCW/?title=11.
• Formal probate: when necessary, open probate to appoint a personal representative (executor/administrator) who can transfer title to heirs or purchasers. The personal representative can also manage the decedent’s debts, including mortgage obligations.

5) Options once title is in your name or you control the property

• Assume the mortgage (if lender allows) — you take on liability under existing loan terms.
• Refinance into your own name — removes the estate and you become the borrower subject to your credit and rates.
• Sell the property — pay off the mortgage at closing.
• Deed in lieu or short sale — negotiate with the lender if you cannot afford payments.

6) Money, timing, and paperwork

Expect the following documents and costs: certified death certificate(s), recorded will or beneficiary deed if applicable, probate filings and court fees (if probate is required), lender assumption or payoff statements, title insurance or a title search, and recording fees. Timeline varies: nonprobate transfers can take days to a few weeks; probate often takes months.

When to get an attorney

Consider hiring a Washington probate/real property attorney if:

• Title is unclear or contested.
• The estate must go through probate and the process looks complicated.
• The mortgage servicer refuses to discuss assumption or threatens foreclosure.
• You need help negotiating with the lender, or the estate owes more than the home is worth.

A lawyer can help open probate, prepare required affidavits or deeds, negotiate loan assumption or short sale terms, and ensure the recorded documents properly transfer title.

Helpful Hints

• Get multiple certified copies of the death certificate right away — lenders and the county recorder will ask for them.
• Keep the mortgage paid while you sort title questions. Continued payments reduce risk of foreclosure and protect credit.
• Ask the servicer for a “payoff statement” (the exact payoff amount and date) and for written details of any assumption process.
• Check county property records online to confirm how title is held before you contact the lender.
• Keep thorough records of all communications with the lender (dates, names, what was said) and save emails and letters.
• If you are low on funds, ask the lender about forbearance or a repayment plan while probate or transfer issues are resolved.
• Even if federal law prevents mandatory acceleration on a transfer to a relative at death, get the lender’s position in writing when you can — that reduces later disputes.
• Consider talking with a local probate or real‑estate attorney early for a short consultation to map the quickest, least costly path to clear title.