Can I be reimbursed for mortgage payments I made to preserve estate property?

Short answer: Possibly. Under Kentucky practice, a person who makes reasonable, necessary mortgage or upkeep payments to preserve estate property can often seek reimbursement from the estate. The exact remedy—an administrative expense, a creditor claim, an equitable lien, or subrogation to the mortgage—depends on who made the payments, whether a personal representative already governs the estate, whether the payments saved the estate from loss, and whether you documented and communicated the payments promptly.

Detailed answer — how this works in Kentucky

When someone dies, the decedent’s property becomes part of the probate estate. The personal representative (executor or administrator) has primary responsibility to pay debts and preserve estate assets so creditors and heirs receive proper treatment. If a person other than the personal representative pays a mortgage or other necessary expense to prevent foreclosure or to maintain value, Kentucky probate practice recognizes several ways that person can try to get paid back:

• Reimbursement as an administration expense: If the court or the personal representative approves the payment as a necessary estate expense, the amount may be paid from estate funds before distribution to heirs. Courts allow reasonable payments that protect estate assets.
• Creditor-style claim against the estate: A payer may file a claim in the probate estate for the amount advanced. If allowed, it may be paid according to the estate’s priorities and available funds.
• Equitable lien or subrogation: In some circumstances a court will place an equitable lien on the estate property or subrogate the payer to the mortgagee’s position—meaning the payer steps into the lender’s shoes or gains a lien to secure repayment—particularly where the payer’s payments prevented foreclosure or otherwise directly benefited the estate.
• Contractual or written agreement: A written agreement (signed before you paid) that promises reimbursement or that creates a security interest gives the strongest protection.

Which of these applies depends on the facts. Courts look at whether the payments were necessary (to avoid loss), reasonable in amount, and made in good faith to protect the estate rather than to protect only the payer’s separate interest.

Typical scenarios (hypotheticals)

Here are common fact patterns and how Kentucky practice generally treats them:

• A non-representative heir pays the mortgage to stop foreclosure: The heir can ask the personal representative to reimburse the payments as an estate expense or file a claim. If the representative refuses, the heir can ask the probate court to allow reimbursement or to impose an equitable lien or subrogation.
• A co-owner (not a beneficiary) pays to protect his own interest: If the payment primarily preserves the payer’s own interest (for example, co-owner intends to keep the property), the court may limit reimbursement to the payer’s proportionate benefit rather than treating it as an estate administrative priority.
• Person paid under an advance written agreement: If there was a written agreement guaranteeing repayment from the estate or creating a lien, the payer’s position is strongest—this will usually be enforced, subject to probate priorities and sufficient estate value.

What you should do to preserve a right to reimbursement

1. Keep complete records: canceled checks, bank statements, mortgage statements, dates and amounts of payments, and any communications with the lender or personal representative.
2. Get permission or acknowledgement in writing from the personal representative before paying if possible. A court-approved agreement or order is best.
3. File a written claim in probate if the estate has an open administration. Contact the probate clerk to learn the correct procedure and any deadlines.
4. If the personal representative denies reimbursement, ask the court to (a) allow the claim as an administration expense, (b) impose an equitable lien, or (c) recognize subrogation—depending on the facts.
5. Act promptly: stopping foreclosure or preserving value is time-sensitive. Delay can reduce your remedies.

Where Kentucky law and court practice come in

Kentucky probate procedure—and the powers and duties of personal representatives—appear in the Kentucky Revised Statutes and related probate rules. If a payment is approved by the personal representative or the probate court as a necessary administration expense, the estate pays it ahead of distributions. For more on probate procedure and statutes you can consult the Kentucky Revised Statutes and the Kentucky court probate pages:

• Kentucky Revised Statutes (search statutes and chapters): https://apps.legislature.ky.gov/law/statutes/ (search for topics such as “administration of estates” or “KRS Chapter 395”).
• Kentucky Court of Justice — Probate and estate information: https://courts.ky.gov/LegalProcedure/Probate/Pages/default.aspx.

What if the personal representative refuses or the estate lacks funds?

If the representative refuses to reimburse and you believe your payments were reasonable and necessary, you can:

• File a claim in the probate case supported by your documentation.
• Ask the court to authorize an equitable lien or subrogation if reimbursement as an administrative expense is denied.
• Consider litigation to enforce your equitable rights if informal resolution fails.

When to consult an attorney

Because remedies can vary with small differences in facts, talk with a probate or real estate attorney if:

• You made substantial payments and the estate refuses reimbursement.
• A foreclosure is imminent and you need immediate relief.
• There are competing heirs, or the estate is insolvent and priorities matter.

Helpful Hints

• Document everything: receipts, mortgage account numbers, who made payments, and why.
• Ask the personal representative for written acknowledgment before paying whenever possible.
• If you must pay to prevent foreclosure, notify the lender and the personal representative in writing that you are paying to preserve the estate and that you expect reimbursement or a lien.
• File any claim in the probate case promptly; missed deadlines can hurt recovery.
• Get a written repayment agreement or court order when possible—this creates the clearest path to reimbursement.
• Keep personal and estate funds separate. Do not assume payments will automatically be treated as estate expenses without agreement or court approval.

Bottom line: Yes, you may be able to recover mortgage payments you made to preserve estate property under Kentucky law, but recovery depends on the circumstances, documentation, and whether the personal representative or a court approves the expense or imposes an equitable remedy. Protect yourself by documenting payments, seeking written approval, and filing a claim in probate if necessary.

Disclaimer: This article is informational only and is not legal advice. It does not create an attorney–client relationship. For advice about your specific situation, consult a licensed Kentucky attorney.