How to take over your father’s mortgage after his death in Connecticut

Short answer: You first need to determine how title to the home passes (joint tenancy, trust, will/intestacy, etc.). That determines whether you become owner automatically or must administer the estate through probate or a trustee. Ownership transfer does not automatically remove the mortgage. To keep the home you will need to continue mortgage payments and work with the lender to arrange an assumption, modification, or payoff. This article explains the typical steps under Connecticut law and points you to next steps and resources.

Disclaimer

This is general information, not legal advice. I am not a lawyer. For legal advice about your situation, consult a licensed Connecticut attorney who handles probate and real estate matters.

Detailed answer — What to do step by step

1. Confirm who legally owns the property now

Look at the recorded deed and any trust documents. Common situations:

Joint tenants with right of survivorship — ownership usually passes automatically to the surviving joint tenant(s) on the owner’s death. You must record a certified copy of the death certificate with the town land records and, if necessary, a survivorship affidavit to update title.
Property in a revocable living trust — a successor trustee named in the trust typically takes title and manages transfer without probate. Provide the lender and the town land records with trust and death documentation as needed.
Owned solely by the deceased — title does not automatically pass. The property typically becomes part of the probate estate and must be transferred through the probate process (administration) or another estate procedure.
Tenants in common — the deceased’s share becomes part of the estate and may pass by will or by intestacy rules; it does not automatically go to the co-owner unless there is an agreement.

If you don’t have the deed, you can get a copy from the town clerk/land records office where the property is located.

2. If title passes to you, keep paying the mortgage

Even when you become the owner, the mortgage lien remains on the property until paid or released by the lender. Continue making mortgage payments on schedule to avoid default and foreclosure. The mortgage note and the lender’s rights don’t disappear simply because the borrower died.

3. Contact the mortgage lender early

Call the servicer, explain the borrower’s death, and ask:

Whether the loan is assumable, or whether they offer an assumption or modification process;
What documentation they need (death certificate, death certificate plus letters testamentary/administration or trust documents, recorded deed showing your ownership, proof of income, etc.);
What happens to escrowed taxes and insurance; and
Whether the lender will call the loan due (some loans have due‑on‑sale clauses, but federal law and lender policies often limit enforcement on transfers by operation of law after death).

Write down names, dates, and the set of requested documents. If the servicer suggests a loan assumption or modification, request the offer in writing and ask about fees, credit requirements, and timeline.

4. Understand probate and alternatives under Connecticut law

If the house was solely in your parent’s name, you will typically need to open an estate with Probate Court for the county where your parent lived to transfer title to yourself. Probate procedures vary depending on whether there is a will and the estate’s size. Probate can result in:

Letters testamentary or letters of administration giving the executor/administrator authority to act for the estate, including managing or selling real property;
A court‑approved sale of the property to pay debts if necessary.

Connecticut’s Probate Courts handle estate administration. For general information and to find the correct probate court, see the Connecticut Probate Courts pages and the Connecticut General Assembly statutes: Connecticut Judicial Branch and Connecticut General Assembly statutes.

5. Small estate options

Connecticut may have streamlined procedures for small estates or for transferring certain personal property without full administration. Whether a home qualifies for any summary procedure depends on the estate’s value and circumstances. Ask the probate court clerk or a probate attorney whether a simplified transfer applies.

6. Mortgage assumption vs. refinance vs. payoff

Assumption: If the lender permits assumption, you become responsible for the mortgage under the existing terms. Lender approval may require a credit check and income verification.
Refinance: Replacing the loan in your name may get you better terms but requires qualifying for a new mortgage.
Payoff: The estate or inheritor may sell or pay the loan in full to remove the lien.

Which route is best depends on your finances, the mortgage interest rate, and whether you want to keep the house.

7. Taxes, insurance, and other practical matters

Keep homeowner’s insurance and property taxes current. Failure to pay can trigger foreclosure or tax sale.
If the lender holds escrow funds, ask whether they will apply to future payments, return to the estate, or be released once the account is updated.
Check for federal rules that may limit a lender’s ability to accelerate the loan on transfers by operation of law (for example, certain transfers at death). Ask the lender which rule they apply.

8. When to get a lawyer

Contact a Connecticut attorney experienced in probate and real estate if:

Title is unclear or contested;
The estate is large or has multiple creditors;
You need to negotiate an assumption, loan modification, or sale under time pressure; or
You want advice about tax consequences and estate administration strategies.

A lawyer can help you open probate, obtain letters of administration, negotiate with the lender, and record documents to clear title.

Practical examples (hypothetical)

Example A — Joint tenancy: Your father and you held the deed as joint tenants. After his death you record a certified death certificate and survivorship affidavit. Title passes to you. You contact the lender, keep making payments, and ask whether the loan can be formally assumed or whether you should refinance.

Example B — Sole ownership with a will: The house was only in your father’s name and he left a will naming you executor and beneficiary. You open probate, get letters testamentary, notify the lender, and either assume the loan (if permitted) or refinance the mortgage in your name.

Key Connecticut resources and statutes

Connecticut Judicial Branch — Probate Courts: https://www.jud.ct.gov/ (use this site to find local probate court contact info and forms).
Connecticut General Statutes (probate and property law chapters): https://www.cga.ct.gov/current/. Look under probate (Title 45a) and real property (Title 47) for statute text and chapter links.
Federal law relevant to lender enforcement of due‑on‑sale clauses (for general background): 12 U.S.C. § 1701j‑3 (Garn‑St. Germain Depository Institutions Act). For official federal code, see the U.S. Government Publishing Office: https://www.govinfo.gov/.

Helpful Hints

Get multiple certified copies of the death certificate early — lenders and land records will ask for them.
Gather key documents: recorded deed, mortgage statements, loan number, recent mortgage payment history, homeowner’s insurance policy, will, trust documents, and social security number for estate administration.
Start communication with the mortgage servicer immediately and keep written records of all communications.
Don’t stop mortgage payments while you are figuring out ownership — missing payments increases foreclosure risk.
Ask the servicer whether they have a bereavement or deceased borrower department; many servicers have specific procedures.
If the estate must sell the house to pay debts, the probate court may supervise the sale — ask the probate clerk about required approvals.
Consider a short consultation with a probate attorney to confirm the quickest, least costly route to clear title and preserve the property.

Next steps: Locate the deed and any trust or will, obtain certified death certificates, call the mortgage servicer, and speak to the probate court clerk or a Connecticut probate/real estate attorney to start the necessary transfer or administration process.