Detailed Answer

Short answer: an inherited house is not a probate asset when title passes outside probate (for example, by joint tenancy, a beneficiary deed or another nonprobate mechanism). Regardless of whether the house went through probate, the mortgage remains a lien on the property. If you already own the property (title is in your name), you may make mortgage payments and deal directly with the lender. If title remains in the decedent’s name and the estate is open, the administrator (personal representative) normally handles estate debts. That said, lenders will often work with heirs or other third parties to avoid foreclosure — but you should get any agreement in writing and consider getting court authority if the estate is involved.

How property can pass — probate vs. nonprobate (Arkansas basics)

In Arkansas, whether a house is a probate asset depends on how title was held and whether there is a valid nonprobate transfer mechanism. Common nonprobate situations include:

• Joint tenancy with right of survivorship: surviving co-owner automatically owns the property on the decedent’s death.
• Beneficiary/transfer-on-death (TOD) deed or other statutory beneficiary transfer (if used under state law where available): the named beneficiary receives title on death without probate.
• Title already transferred by deed, trust, or contractual beneficiary designation (e.g., a trust owns the property).

If title does not pass automatically by one of those devices, the property typically becomes part of the decedent’s probate estate and is administered through probate. For Arkansas statutes and the probate code see Arkansas Code, Title 28: Decedents’ Estates and Fiduciary Relationships: https://www.arkleg.state.ar.us/ArkansasCode/Title?title=28.

Mortgage liens and foreclosure — key legal point

A mortgage is a lien on the property. The lien remains attached regardless of whether the property is a probate asset. If mortgage payments stop, the lender has the right to pursue its remedies, including foreclosure, subject to the mortgage contract and Arkansas foreclosure procedures. In practice, the lender’s main concern is whether payments are made and whether the property generates risk that the loan will not be repaid.

Can you make mortgage payments without the administrator’s help?

There are three common scenarios and what they mean for making payments:

1. You are already the owner (title passed outside probate): You have the legal right to make payments, contact the lender to update account details, and negotiate loan changes or refinancing.
2. Title is still in the decedent’s name and the estate is open (administrator appointed or needed):
   • The administrator or executor has legal authority to manage estate assets and pay debts. If an administrator exists, they should handle mortgage communications and payments.
   • If no administrator is appointed yet, an heir or interested person can offer to make payments. Lenders sometimes accept payments from heirs, but they are not legally required to. Acceptance by the lender should be documented in writing.
   • Making payments without title or court authorization does not automatically give you ownership. It can, in some circumstances, create an equitable claim or be evidence of an agreement, but you should not rely on that alone.
3. You are a named beneficiary (TOD or similar) but the lender’s records haven’t been updated: The bank may still treat the loan as owed by the decedent’s estate until you record the transfer and provide documentation. Communicate early with the lender and provide proof of your status so they don’t accelerate the loan.

Practical steps to avoid foreclosure

If you face possible foreclosure, act quickly:

• Contact the lender immediately. Explain the situation, provide a death certificate and any title documents, and ask for temporary forbearance, a loss-mitigation review, or a reinstatement plan.
• Ask the lender what documentation it needs to consider reinstatement or to accept payments from you. Get any agreement in writing.
• Check public records at the county recorder/clerk to confirm current title and whether any transfers or liens exist.
• If an administrator is needed, consider petitioning the probate court to appoint one (you can ask to be appointed). The administrator can legally manage the mortgage and protect the estate from foreclosure. Arkansas probate procedures are handled by Arkansas circuit courts; see Arkansas Judiciary: https://www.arcourts.gov/.
• Keep records of every payment and every conversation with the lender, including names, dates and what was agreed.
• Explore alternatives: loan modification, assumption (if permitted), refinance, short sale, deed in lieu, or letting the estate sell the property to pay the mortgage.

When you should consider legal help

If the lender refuses to cooperate, foreclosure is imminent, or the estate administration is contested, speak with an Arkansas attorney who handles probate and real estate or foreclosure defense. An attorney can:

• Advise whether you can make payments without creating unintended liabilities;
• File a petition to be appointed administrator if needed;
• Negotiate written agreements with the lender; and
• Protect your rights and help preserve value for heirs.

Important statutory resources (Arkansas):

• Arkansas Code, Title 28 — Decedents’ Estates and Fiduciary Relationships: https://www.arkleg.state.ar.us/ArkansasCode/Title?title=28
• Arkansas Judiciary — general information about courts and probate filings: https://www.arcourts.gov/

Bottom line: Whether the inherited house is a probate asset depends on how title passed. The mortgage stays with the property. If you already own title, you can make payments and work with the lender. If the estate holds title, the administrator normally must act, but lenders often accept payments from heirs or third parties to prevent foreclosure — get everything in writing and consider court appointment to secure authority if necessary.

Disclaimer: This is general information only and is not legal advice. For advice about your specific situation, contact a licensed Arkansas attorney.

Helpful Hints

• Confirm current title by checking the county recorder/assessor public records — that tells you whether the property left probate or not.
• Contact the mortgage servicer immediately if payments are missed or likely to be missed; early notice improves chances of workable relief.
• Ask the lender in writing whether it will accept payments from you and what documentation it requires.
• If you make payments before you are owner, keep receipts and demand written acknowledgement that your payments were accepted and how the payments will affect rights to the property.
• If no administrator exists and the estate needs protection from foreclosure, consider quickly filing for appointment as administrator in the appropriate Arkansas circuit court.
• Preserve all documents: death certificate, deed, mortgage statement, communications with the lender, and any probate filings.
• Before making large payments or transferring funds, talk to an Arkansas probate/real estate attorney to avoid creating unintended obligations or disputes with other heirs.