Detailed Answer — Why an inherited house might not be a probate asset, and whether you can pay the mortgage to avoid foreclosure in Minnesota

Short answer: A house is not a probate asset in Minnesota when ownership passes automatically by operation of law or by a valid nonprobate transfer (for example, joint tenancy with right of survivorship, a valid beneficiary/transfer‑on‑death deed, a trust, or other completed ownership arrangement). Whether you can make mortgage payments to avoid foreclosure depends on how title passed, who the lender recognizes as the owner, and whether you have legal authority to act for the estate. You can usually make payments to keep the lender from foreclosing, but payment alone does not give you authority to control or sell the property or recover the money from the estate without proper legal steps.

How property becomes non‑probate in Minnesota

“Probate” is the court‑supervised process used to transfer assets that remain in the decedent’s name when they die. Property is non‑probate when ownership passes outside that court process. Common non‑probate mechanisms include:

• Joint ownership with right of survivorship. If the decedent and another person held title as joint tenants with rights of survivorship (or as tenants by the entirety, where applicable), the surviving owner automatically becomes the full owner at death.
• Beneficiary / transfer‑on‑death deed. Some deeds let an owner name a beneficiary who receives title automatically on death. If the deed was properly executed before death, the property avoids probate.
• Trust ownership. If the decedent put the house into a living trust, the successor trustee follows the trust terms and the house generally bypasses probate.
• Other automatic transfers. Some small‑value transfers or property that already has a contract or lienholder arrangement can have special rules.

For a general overview of Minnesota probate law, see the Minnesota Courts probate help pages: https://www.mncourts.gov/Help-Topics/Probate.aspx. For the statutory framework on decedents’ estates, see the Minnesota statutes on estates: https://www.revisor.mn.gov/statutes/cite/524.

What happens to the mortgage and lender rights?

The mortgage is a lien on the property. Title passing outside probate does not automatically erase the mortgage. Key points:

• If title passed to you (for example by survivorship or a beneficiary deed), you own the property subject to the existing mortgage. You can make payments to keep the loan current. If you want the lender to recognize you as the borrower or to assume the loan, the lender may require documentation and may have rules about assumptions or a due‑on‑sale clause.
• If title has not yet been transferred (for example, the property is still titled in the decedent’s name and the estate is being administered), the mortgage remains the estate’s obligation. Only the personal representative (executor/administrator) generally has authority to act for the estate. A lender may accept payments from a family member or occupant, but acceptance does not necessarily give that person authority to bind the estate or later sell the property.
• If payments stop, the lender may start foreclosure under Minnesota foreclosure law. For an overview of Minnesota foreclosure law and procedure, see: https://www.revisor.mn.gov/statutes/cite/580 and the Minnesota Courts foreclosure help pages at https://www.mncourts.gov.

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

Yes, in many practical situations you can make mortgage payments to avoid foreclosure, but there are important legal and practical limits:

• If you already own the house outright: If title passed to you outside probate (for example, you were named on a beneficiary deed or you were a joint tenant who survived), you can make payments, contact the lender, and arrange to keep the loan current. The lender will usually want a death certificate and proof of your ownership to update account records.
• If title is still in the decedent’s name and no personal representative is appointed:
  • You can pay the mortgage as a private party to protect the property from foreclosure.
  • Paying the lender does not give you the authority to sell the property, use estate assets, or require the estate to repay you later unless a court or the personal representative approves reimbursement.
  • The lender may insist on speaking with a personal representative or may require proof of authority before making longer‑term arrangements.
• If the estate is in probate and a personal representative has been appointed: The personal representative has the duty and authority to manage estate assets, pay debts, and protect property. If you are not the representative, coordinate with that person. If the representative won’t act, you can ask the court to compel action or to appoint a different representative in certain circumstances.

Practical steps to avoid foreclosure

Follow these steps if you face a potential foreclosure on an inherited house in Minnesota:

1. Confirm who owns title now. Check the county land records to see how the decedent held title and whether a beneficiary deed, joint tenancy, or trust transfer applies.
2. Check the mortgage status. Contact the servicer, provide a death certificate, and ask for the current balance, arrears, and foreclosure timeline. Request written payoff figures and a copy of the mortgage.
3. Make payments if needed to stop foreclosure. If you can afford to make mortgage payments, do so promptly and get receipts or written confirmation that the lender received them and will not proceed with foreclosure based on those payments.
4. Request temporary relief options. Ask the lender about forbearance, loan modification, deed‑in‑lieu, or assumption options. Some lenders will work with heirs or occupants to avoid foreclosure.
5. Obtain legal authority if the property is in probate. If the estate needs to act (pay taxes, maintain insurance, sell), the court‑appointed personal representative should be authorized. If none exists or the representative won’t act, consult a probate attorney about petitioning the court.
6. Keep good records. Save payment records, letters from the lender, and all communications. If you later seek reimbursement from the estate, clear documentation helps.

What if you make payments and later want reimbursement?

Paying out of your pocket can protect the property, but payment does not automatically create a reimbursable claim against the estate. To seek reimbursement you generally need one of these:

• Consent or approval by the personal representative or a court order allowing reimbursement; or
• A written agreement with the estate or other heirs promising repayment; or
• A court ruling that your payments preserved estate property and should be reimbursed as an estate expense.

When to get legal help

Consider talking to a Minnesota probate or real estate attorney if:

• Title is unclear or there is a dispute among heirs;
• The lender refuses to accept payments or to communicate;
• You need authority to sell or transfer the property; or
• The estate’s personal representative refuses to protect estate property.

Helpful links

• Minnesota Courts — Probate help: https://www.mncourts.gov/Help-Topics/Probate.aspx
• Minnesota Statutes — Decedents’ estates (general chapter): https://www.revisor.mn.gov/statutes/cite/524
• Minnesota Statutes — Foreclosure (general chapter): https://www.revisor.mn.gov/statutes/cite/580

Helpful Hints

• Immediately request a certified copy of the death certificate. Lenders and title offices usually require it.
• Search county land records online to confirm current title and any recorded beneficiary deed or trust.
• Contact the loan servicer early. Ask for the account status, the amount needed to bring the loan current, and options to stop foreclosure.
• If you make payments, get written receipts and confirm the servicer’s acceptance will pause foreclosure actions.
• Do not assume you can sell the house until you have clear title or the court’s authorization if the property is still an estate asset.
• If you are living in the property, keep insurance current and pay property taxes to avoid additional liens or penalties.
• Consider short‑term solutions (forbearance, reinstatement) while you consult a probate or real estate attorney about long‑term steps.