Quick summary: A house can be outside probate if it passes automatically on death (for example, by joint tenancy or a trust). If title already passed to you outside probate, you can typically make mortgage payments yourself to avoid foreclosure. If the house is still part of the decedent’s probate estate, the personal representative (administrator/executor) normally controls the property and its payments. In any case, contact the mortgage servicer immediately and consult a probate real estate attorney for steps that protect your rights.

How property can be non‑probate under Michigan law

“Probate” means the court process that collects a decedent’s assets, pays creditors, and distributes what remains to heirs or devisees. Under Michigan law, some property never becomes part of the decedent’s probate estate because it transfers automatically by operation of law or contract when the owner dies. Common examples:

• Joint tenancy with right of survivorship or tenancy by the entirety: If the decedent held title with another person as joint tenants (or spouses as tenants by the entirety), ownership automatically passes to the surviving joint owner without probate.
• Revocable or inter vivos trust: Real estate held in a living trust passes to successor trustees/beneficiaries according to trust terms, not by probate.
• Transfer-on-death / beneficiary deed: If Michigan transfer-on-death or beneficiary deed rules were used (or another instrument that names a beneficiary who takes at death), the named beneficiary receives title outside probate.
• Other non‑probate devices: Payable-on-death accounts, life insurance, and property subject to a deed or contractual beneficiary.

For the legal framework governing probate and the estates code in Michigan, see the Estates and Protected Individuals Code (EPIC), available from the Michigan Legislature: Michigan Compiled Laws, Chapter 700 (EPIC).

Why your inherited house might not be a probate asset

If title to the house passed outside probate, it is not a probate asset because ownership changed immediately on the decedent’s death by operation of the instrument that created the transfer (e.g., joint tenancy, trust, beneficiary deed). That means there may be no estate administrator in charge of the home. Instead, the new owner or successor trustee has title and control subject to any existing mortgage or lien.

What happens to the mortgage when the owner dies?

A mortgage is a lien on the property, separate from ownership. Death of the mortgagor (the borrower) does not eliminate the lender’s security interest. Two separate issues matter:

• Title: Who now owns the property (you, a trust, or the estate)? If title passed to you outside probate, you are the property owner (subject to the mortgage).
• Loan contract: The lender may require payment, may have the right to accelerate the loan on default, and may pursue foreclosure under Michigan law if payments aren’t kept current or other conditions trigger default.

Can you make mortgage payments to avoid foreclosure without an administrator?

Yes — in many situations:

• If title passed directly to you outside probate (for example, because you were a joint owner or named beneficiary), you can make payments personally to keep the loan current and stop a foreclosure. Contact the servicer and provide documents that prove your status (death certificate, recorded beneficiary deed, trust documents, or recorded survivorship affidavit).
• If the property is in a trust, the successor trustee should manage the mortgage payments. If you are the successor trustee, you have authority under the trust documents to act.
• If the house is part of the probate estate (no automatic transfer), the personal representative controls estate property. If there is already a representative appointed, they are generally the party to make payments using estate funds and to protect the asset. If no representative is appointed and a foreclosure is imminent, an interested heir can often ask the probate court for temporary authority or a quick appointment to preserve the property.

Important cautions:

• If you make payments personally while the property is still part of the estate, you may have to seek reimbursement later from the estate. Reimbursement is not guaranteed unless the probate court approves it or the estate’s assets and priorities allow it.
• If multiple heirs have competing claims to the property, paying the mortgage yourself can create disputes about reimbursement or ownership. Get written agreements where possible.
• If the mortgage has an acceleration clause, the lender may require full payment when it learns of the borrower’s death unless you negotiate otherwise.

Practical steps to avoid foreclosure right now

1. Check title and recorded documents: Confirm whether title already passed to you (joint tenancy, beneficiary deed, trust). The county land records office will show current recorded ownership.
2. Contact the mortgage servicer immediately: Tell them the borrower died, ask the mortgage status, and ask about options — reinstatement, loan assumption, forbearance, modification, or a short sale. Get names and promises in writing.
3. Provide proof of status: Be ready to provide death certificate, recorded deed, certified trust pages, or an affidavit of survivorship if applicable.
4. Make payments if you can: If you are the owner or trustee, continue payments to avoid default. Keep detailed records and receipts. If you pay while acting as a private individual, document the purpose of the payment.
5. If property is in probate or foreclosure looming: File an emergency motion in probate court or ask a probate attorney to do so to obtain authority to preserve the asset. Michigan courts can appoint a temporary personal representative in urgent circumstances.
6. Get legal advice: A probate/real estate attorney can explain whether the home is nonprobate, whether you can be reimbursed, and how to document payment authorization.

Foreclosure procedure and timelines in Michigan are governed by state law on mortgages, foreclosure and sheriff’s sales. For statutory provisions and procedures see Michigan’s statutes on civil procedure and foreclosure: Michigan Compiled Laws, Chapter 600.

Examples (hypothetical)

Example A: Your parent held the house in a revocable living trust and named you successor beneficiary. The trustee transfers title to you after death. The mortgage remains in place. You contact the servicer, begin payments, and negotiate a loan modification — foreclosure is avoided.

Example B: Your sibling was the sole owner and died intestate (no will). No beneficiary deed or joint tenant existed, so the house is a probate asset. No administrator is appointed yet. A lender starts foreclosure. You should contact a probate attorney quickly to request emergency appointment of a personal representative or ask the probate court for authority to protect the property. Meanwhile you can offer to make payments, but you should document the payments and get court approval for reimbursement.

When you should talk to a lawyer

• If title and ownership are unclear.
• If a foreclosure notice or sheriff’s sale is pending.
• If multiple people claim the property.
• If you plan to pay the mortgage but expect reimbursement from the estate.