Short answer

During a Louisiana succession, the estate (through the succession representative) is responsible for the deceased person’s debts to the extent of estate assets. That means mortgage payments and utility bills should be addressed so the estate does not lose property or services. If the estate lacks funds, creditors (including a mortgage lender and utility companies) may enforce their rights. Heirs who accept the succession pure and simple can become liable beyond estate assets; heirs who accept under the benefit of inventory limit liability to estate assets. You should act quickly to protect the property and your options.

How responsibility is divided while the succession is open

Key points about mortgage payments and utilities in a Louisiana succession:

• Estate obligation: Debts of the deceased—including a mortgage secured by real estate—are generally paid from estate assets. The succession representative (executor/administrator) has a duty to manage and preserve estate property, which often includes keeping mortgage and insurance payments current to avoid foreclosure or loss.
• Succession representative’s role: The court-appointed succession representative is the person authorized to collect estate assets and pay debts using estate funds. The representative should open a bank account for the estate and use it to pay valid claims and necessary ongoing charges (mortgage, insurance, utilities, property taxes, reasonable maintenance).
• Heirs living at the property: A surviving spouse or heir who continues to occupy the house should pay utilities and household expenses. If they do not, the utility company may terminate service. An occupant who pays bills may be able to seek reimbursement from the estate, but the estate must have funds and the payments must be reasonable and documented.
• Heirs’ personal liability: In Louisiana, heirs who accept the succession pure and simple assume the succession and may be personally liable for the decedent’s debts beyond the estate. Heirs who accept under the benefit of inventory limit their liability to the estate’s assets. Thus, how heirs accept succession affects personal responsibility for unpaid mortgage and utility obligations. (See Louisiana succession rules for details.)
• Mortgage lender’s rights: A mortgage is a secured debt. If mortgage payments stop and the estate has no funds to pay, the lender can pursue foreclosure or executory process under Louisiana law. That can happen even while the succession is pending if payments are not made.
• Utilities and contracts: Utilities are governed by contract. Providers may require proof of authority (death certificate, proof that you are the successor or property owner) before transferring service or allowing the succession representative to pay from estate funds. Unpaid utility bills are creditor claims against the estate.

Practical steps to protect the property and services

Take these actions right away to limit risk to the estate and to yourself:

1. Locate loan paperwork and insurance policies: find the mortgage note, deed of mortgage, escrow info, homeowners insurance policy, and recent bills.
2. Notify the lender and insurance company: give them the decedent’s death certificate, ask about options (loan modification, forbearance, submitting claim through the estate), and confirm whether automatic payments exist.
3. Pay essential ongoing costs from estate funds if available: mortgage, homeowners insurance, property taxes, and utilities are priorities that protect value.
4. Open an estate account and keep records: the succession representative should open a bank account in the estate’s name to separate estate funds from personal funds and to pay creditors properly.
5. Communicate with utility companies: provide documents showing you are the succession representative or an authorized person. Ask whether service can be continued or transferred to a continuing occupant.
6. Decide how to accept succession: consult a lawyer about accepting the succession under the benefit of inventory to limit personal liability for debts while preserving rights to inherit property.
7. Consider sale or refinancing if necessary: if the estate cannot sustain mortgage payments, heirs or the succession representative may need to sell the property or arrange refinancing to prevent foreclosure.
8. Keep detailed records and receipts: document all payments the succession representative or heirs make for later accounting to the court and for possible reimbursement.

Common scenarios and how Louisiana law typically treats them

1) Estate has sufficient liquid assets

The succession representative should use estate funds to continue mortgage payments and utilities while the estate is administered. Those payments protect the estate from loss and are generally allowed and expected.

2) Estate has insufficient funds

If the estate lacks liquidity, the succession representative must prioritize how limited funds are used. Creditors with security interests (mortgages) have strong remedies; utility companies can shut off services. Heirs concerned about personal exposure should consider accepting the succession under the benefit of inventory. A lawyer can advise on prioritizing claims and whether to seek court permission to sell assets to pay debts.

3) A surviving spouse or heir lives in the house

If an occupant continues to live at the property, they should arrange to pay utilities and, ideally, keep mortgage payments current. If the occupant wants to remain owner, they may need to negotiate with the lender or inherit the property through the succession process.

Where to look in Louisiana law

Succession law and rules about administration are found in Louisiana’s codes. For primary legal text and to search statutes and Civil Code provisions about successions, succession representatives, and creditor claims, use the official Louisiana Legislature site: https://legis.la.gov/Legis/LawSearch.aspx. Search terms that will be useful include “succession,” “successor representative,” and “mortgage” or “creditor claims.”

Helpful hints

• Act quickly. Lenders and utilities move fast—protect the property immediately.
• Get appointed. Having the court appoint a succession representative gives legal authority to access accounts and deal with creditors.
• Document everything. Keep receipts, statements, correspondence, and a log of calls.
• Consider acceptance under the benefit of inventory. This can limit personal liability for heirs.
• Keep insurance current. Lapse of homeowners insurance can reduce estate value and make a lender act quicker.
• Talk to a Louisiana succession attorney. The rules and timelines are specific; legal help avoids costly mistakes.
• Communicate with heirs. Avoid surprises and coordinate who will pay what and when.