Ohio: Who Pays the Mortgage and Utilities While an Estate Is in Probate?

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

What to expect about mortgage payments and utilities during probate in Ohio

Disclaimer: This article is educational only and is not legal advice. For decisions that affect your rights or money, consult a licensed Ohio probate attorney.

Short, plain answer

During probate in Ohio, the person appointed to manage the estate (the personal representative, also called an executor or administrator) is responsible for preserving estate assets. That commonly means the estate should pay necessary bills tied to estate property — including mortgage payments and utility bills — when estate funds are available or when paying preserves the value of the property. If no estate funds exist, the mortgage lender can pursue foreclosure and utilities can be disconnected; individual family members are not personally responsible for those debts unless they co-signed the mortgage or otherwise agreed in writing.

Detailed answer — how this works under Ohio law

1. Role of the personal representative: When someone dies, the probate court may appoint a personal representative to collect assets, pay debts, and distribute what remains. The personal representative has a duty to protect estate property and to pay necessary expenses from estate funds. See Ohio probate statutes for authority over administration: Ohio Rev. Code Chapter 2107 and rules on claims against estates: Ohio Rev. Code Chapter 2117.

2. Mortgages are secured claims: A mortgage is a secured debt attached to the property. The lender’s rights against the property survive the decedent’s death. The mortgage does not automatically disappear because the borrower died. If the estate has money, the personal representative can and often should continue mortgage payments to preserve the home’s equity and avoid foreclosure. If the mortgage is not paid, the lender may start foreclosure against the property even while the estate is in probate.

3. Who is personally liable? People named on the mortgage note remain personally liable. If a family member co-signed or the property was jointly owned with rights of survivorship, the co-owner or co-signer remains liable. Otherwise, heirs generally inherit the property subject to the mortgage; they do not inherit personal liability for the mortgage beyond the property’s value.

4. Estate funds, priorities, and practical choices: The personal representative should gather estate funds and open an estate account to pay necessary expenses. If estate funds are insufficient, the representative may ask the court to sell the house to satisfy the mortgage, obtain authority to borrow, or negotiate with the lender. Secured creditors (like mortgage lenders) are paid from the secured property before distributions to heirs. See general probate administration rules: Ohio Rev. Code Chapter 2113 (descent and distribution) and the probate administration chapters listed above.

5. Utilities and other property-related expenses: Utilities (electric, water, gas, sewer) are normally treated as necessary upkeep for a residence. The personal representative should pay utilities that are required to maintain the property and its value (for example, heat, electricity to prevent freezing pipes, and water for maintenance). Utility companies often require account-holder verification; the personal representative can contact each company to explain the account-holder’s death and arrange payment or transfer to a new account. If utility service is not paid, the company may disconnect service, and that can harm the property’s value or violate lease obligations if the home is rented.

6. Communication with lenders and utilities: Promptly notifying mortgage lenders and utility companies of the death is essential. Lenders frequently have loss-mitigation options (forbearance, loan modification, assumption) and may provide time to preserve the property while probate proceeds. Utilities may allow temporary arrangements rather than immediate shutoff. Keeping lines of communication reduces the risk of foreclosure, penalty fees, or disconnection.

7. Practical timeline and risks: Probate can take months to more than a year. During that time, if payments stop and the estate has no funds, secured creditors can take steps against property. If heirs move into the house and fail to pay the mortgage or utilities, a lender may foreclose and utilities may be cut off, even if family members live there. Actions by the personal representative to protect the asset (paying essential bills, arranging insurance, and securing the property) help avoid these outcomes.

Short hypothetical examples

Hypothetical A: The decedent owned a home with a mortgage and left a modest bank account in the estate. The personal representative opens an estate account, uses estate funds to keep paying the mortgage and utilities while probate continues, and later sells the house to pay the mortgage and distribute any remaining proceeds to heirs.

Hypothetical B: The decedent had little cash and an unpaid mortgage. No one co-signed. The lender starts foreclosure after missed payments. The heir who wants the house can either bring current mortgage payments (or assume the loan if permitted) or buy the property at foreclosure sale; otherwise the property may be sold to satisfy the mortgage and heirs receive nothing.

Helpful hints — steps to take right away

  • Locate the will and contact the probate court to begin the estate administration process if you are named personal representative.
  • Find mortgage statements, insurance policies, and recent utility bills. Open an estate bank account once appointed by the court.
  • Contact the mortgage servicer immediately; explain the death and ask about options to prevent foreclosure (forbearance, loan modification, or assumption).
  • Contact utility companies to transfer or pause service and to prevent disconnection that would harm the property.
  • Keep bills and receipts for any payments made from estate funds. The personal representative must account for estate expenditures to the court and beneficiaries.
  • Check whether anyone on the mortgage or utilities co-signed; co-signers remain personally liable and may need to act.
  • If the estate lacks cash to maintain the home, consider quick court-approved sale of the property or ask the court for authority to borrow against the estate or to sell assets.
  • Consult a local Ohio probate attorney early if you face foreclosure, disputed heirship, or complex creditor issues. Probate rules and timelines can affect available options.

Again, this information is educational only and not legal advice. For guidance tailored to your situation, contact a licensed Ohio probate attorney or your local probate court.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.