Detailed answer — What you need to know and do

1. Understand what ownership and the mortgage mean

When a homeowner dies, the mortgage does not disappear. The mortgage stays attached to the property and the lender still has the right to be paid. Who becomes the owner of the house after your father’s death determines your options:

• If the house was owned as joint tenants with right of survivorship (or held in a living trust that names a successor), title often passes automatically to the surviving co-owner or trust beneficiary outside probate.
• If your father owned the home alone, ownership will pass according to his will or, if there is no will, according to Wisconsin intestacy rules. That usually requires probate or a simplified probate procedure before title can move to the heirs or beneficiaries.

2. Immediately gather documents and notify the lender

Collect the death certificate, the deed, the mortgage note and recent mortgage statements, and any will or trust documents. Contact the mortgage servicer promptly to tell them of the death. Ask what documentation they need and whether they offer options such as assuming the loan, refinancing, or a loan modification.

3. Typical ways to keep the house and the mortgage

Broadly, you have three realistic options depending on facts (title, mortgage terms, your credit and income, and the lender’s policies):

1. Assume the mortgage — Some loans permit an assumption, where the lender approves you to take the loan under its existing terms. Lender approval is almost always required. Not all lenders allow this, and many loans include a “due-on-sale” clause that lets the lender demand full repayment when title transfers.
2. Refinance in your name — If you qualify for a new loan, you can refinance to remove the decedent and place debt fully in your name. Refinancing requires creditworthiness and income verification.
3. Keep property subject to the mortgage — If title passes to you (through survivorship, trust, or probate) and you simply continue making payments, the lender may not act immediately. But the lender can enforce the loan if payments stop or if the loan has clauses triggered by transfer. You remain at risk for foreclosure if payments lapse.

4. If you cannot or do not want to keep the mortgage

If you cannot assume or refinance, you may need to sell the home (often through the estate if the property is still in the decedent’s name) to pay off the mortgage. If the estate cannot pay the mortgage and the property remains in default, the lender can foreclose under Wisconsin law.

5. Probate and non-probate paths to title in Wisconsin

If title does not pass automatically, you will usually need to open probate so the personal representative (executor/administrator) can transfer property. Wisconsin also offers simplified or small-estate procedures in some cases that may allow a faster transfer without full formal probate. The Wisconsin Courts self-help pages explain probate and small estate procedures: Wisconsin Courts — Probate and Estate Self‑Help. You can review the state statutes on probate and estates here: Wisconsin Statutes (legislature).

6. Practical step-by-step checklist

1. Get several copies of the death certificate from the funeral home or vital records office.
2. Find the deed and mortgage documents. Check title records at the county register of deeds to confirm current recorded owner(s).
3. Contact the mortgage servicer. Ask about assumption, modification, forbearance, or payoff procedures and what paperwork they need.
4. Determine how title will transfer: joint tenancy, trust, will/intestacy and whether probate is required.
5. If probate is needed, consult a probate attorney or use Wisconsin Courts resources to open the estate and transfer title. If the estate will sell the property, the personal representative handles that sale and mortgage payoff.
6. If you plan to assume or refinance, gather your income and credit documents and begin lender discussions as early as possible.
7. If you cannot keep up payments, communicate with the servicer—don’t ignore notices. Explore short sale, deed-in-lieu, or foreclosure-avoidance options.

7. Common issues and how Wisconsin law affects them

• Due-on-sale clauses: Many mortgages give the lender the right to demand full payment on transfer. Lenders commonly enforce these clauses, but sometimes they allow assumption or modification.
• Estate liability: The estate is primarily responsible for paying debts. If the estate lacks funds, creditors (including mortgage lenders) may have claims against estate assets, including the home.
• Surviving spouse or minor children: Wisconsin law gives certain protections to surviving spouses and dependents in estate matters. If you are in this situation, consult an attorney to learn how those rules apply.

8. When to get legal help

Get a Wisconsin probate or real estate attorney if any of these apply:

• Title is unclear or you cannot locate the will or trust.
• The mortgage servicer refuses to discuss assumption or you are at risk of foreclosure.
• The estate is insolvent or there are creditor disputes.
• You need to open probate but are unsure how to proceed.

For general information on probate procedures and forms, see Wisconsin Courts self-help: https://www.wicourts.gov/services/public/selfhelp/estate/index.htm. For the authoritative codified law text, use the Wisconsin Statutes site: https://docs.legis.wisconsin.gov/statutes/.

Helpful Hints

• Act quickly. Lenders appreciate early communication and may offer temporary solutions if you contact them before payments are missed.
• Keep careful records of all calls and letters with the mortgage servicer, including names, dates, and what was discussed.
• Order a certified copy of the death certificate (you will need multiple copies for the bank, title company, and probate).
• Check the county register of deeds for the recorded deed and any other liens.
• If the property is in a trust, give the trustee and the mortgage servicer a copy of the trust documents and death certificate—trusts often avoid probate.
• Consider talking to a mortgage broker if you plan to refinance. They can help assess whether refinancing is realistic based on your credit and income.
• If the estate lacks funds and foreclosure looks likely, consult an attorney early to explore alternatives such as short sale or deed in lieu of foreclosure.