When someone dies in Missouri and their estate goes into probate, the personal representative (executor/administrator) is responsible for protecting estate property and paying necessary bills, including mortgage payments and utilities, from estate assets when possible. If the estate lacks money, the property remains subject to mortgage foreclosure and utilities can be shut off unless an heir or another responsible person keeps paying. Communicating early with the lender and utility companies and with the probate court or an attorney can reduce risk.

Detailed answer — How mortgage payments are handled during probate in Missouri

Who has the duty to pay the mortgage?

After a decedent’s death, the probate court typically appoints a personal representative. That person has the authority and duty to collect assets, protect estate property, and pay the estate’s debts and expenses in the order required by Missouri law. That duty includes making payments to preserve real estate when estate funds allow. The personal representative acts on behalf of the estate, not personally (unless they agree otherwise or commingle funds).

Where do payments come from?

Payments ordinarily come from estate funds (cash, sale proceeds, or other liquid assets). If the estate holds insufficient cash, the personal representative has several options:

• Use available estate funds to pay mortgage and utilities to preserve property value.
• Obtain court approval to use non-cash estate assets or to borrow for estate administration.
• Sell the property through probate to pay creditors (including the mortgage lender) if that is in the estate’s best interest.
• Allow foreclosure to proceed if the estate cannot or will not pay—this typically extinguishes the estate’s interest but can harm heirs who might otherwise want the property.

Priority and creditor claims

Mortgages are secured debts against the property. Even during probate, the lender’s secured claim remains enforceable. If the estate has limited assets, secured creditors (mortgage holders) typically have priority to be paid from the secured asset (the house). Unsecured creditors claim from remaining estate assets only after secured claims and priority expenses are satisfied.

What if an heir lives in the house?

An heir or beneficiary who moves into or continues to occupy the house is not automatically responsible for the mortgage simply by living there. However, if the heir agrees to take over payments, signs loan paperwork, or uses personal funds, they can become personally liable. If the heir does not pay and the estate does not, the lender may foreclose. Occupying the home without paying can create conflict and potential liability for damage, unpaid utilities, or claims against the estate for waste.

Practical steps regarding mortgage payments

• Notify the mortgage lender of the death and provide the personal representative’s contact information.
• Ask the lender about forbearance, transfer options, or payoff procedures. Many lenders will provide options when they know an estate is being probated.
• Use estate funds to pay mortgage and insurance while probating if possible to maintain value and avoid foreclosure.
• If selling the house, communicate with the lender about payoffs at closing.

Detailed answer — How utilities are handled during probate in Missouri

Who pays utilities?

Utilities (electricity, gas, water, trash, and communications) are generally ongoing service contracts. The personal representative should pay utilities necessary to maintain the property (heat, winterization, basic services) to prevent damage and preserve estate value. Utilities usually must be in a named account; companies often require the personal representative to present letters testamentary or other court documents to switch the account into the estate’s or personal representative’s name.

Consequences of nonpayment

Unpaid utilities can lead to service shutoff, property damage (e.g., frozen pipes), and reduced resale value. Some utility providers will not reconnect service without an account holder’s credit check or deposit; the estate may need to pay deposits or temporary charges.

Practical steps regarding utilities

• Contact utility providers promptly to transfer or establish accounts in the estate or personal representative’s name.
• Pay only what is required to protect the property while probating; keep detailed records of payments.
• Consider winterization or vacancy maintenance if the property will be empty (shutting off water where appropriate after winterization to avoid frozen-pipe damage may be advisable).

What if the estate can’t pay?

If the estate lacks funds, secured creditors can enforce their security (a lender may foreclose). The personal representative should evaluate options: attempt to sell the property quickly, seek court authority to borrow for estate administration, negotiate with the lender, or, as a last resort, allow foreclosure. Heirs who want to keep the house may be able to buy it from the estate or personally assume the loan if the lender agrees.

Where to look in Missouri law and court resources

Missouri statutes and courts govern probate procedure, the duties of personal representatives, and creditor priorities. For the governing law and procedures, see the Missouri Revisor of Statutes (RSMo) and the Missouri Courts’ probate information:

• Missouri Revisor of Statutes: https://revisor.mo.gov
• Missouri Judiciary (probate information and court forms): https://www.courts.mo.gov

These resources explain appointment of personal representatives, notice to creditors, and how probate proceeds. For specific statute text or forms, search those sites for terms like “personal representative,” “letters testamentary,” or “administration of estates.”

When to get a lawyer

Talk to a probate attorney if:

• The estate lacks funds to pay mortgage or utilities.
• Foreclosure is imminent.
• Heirs disagree about possession, sale, or payment plans.
• Complex creditor or tax issues arise.

An attorney can advise on court petitions, obtaining authority to use estate assets, negotiating with lenders, and protecting heirs’ interests.

Disclaimer

This article is for general informational purposes only and is not legal advice. It does not create an attorney-client relationship. Laws change and every situation differs—consult a qualified Missouri probate attorney to apply the law to your facts.

Helpful Hints

• Notify the mortgage company and utilities within days of the death to learn what paperwork they require.
• Secure the property immediately—change locks if necessary and document condition with photos.
• Keep an itemized record of every payment the estate or anyone else makes on mortgage, insurance, taxes, or utilities.
• Open a dedicated estate bank account once you have letters testamentary to keep funds separate from personal money.
• If you plan to keep the home, discuss options with the lender early (assumption, refinance, or repayment plan).
• Ask utility companies about temporary arrangements or requirement to put service in the estate’s or personal representative’s name.
• If you are an heir living in the property, get written agreement with the personal representative about who pays what to avoid disputes later.
• When in doubt, contact a local probate attorney—mistakes can cost the estate or lead to personal liability in some circumstances.