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This explains, under Missouri practice, what typically needs to happen if you want to keep your deceased parent’s house and the mortgage that secures it. This is educational information only and not legal advice. For any binding action, talk with a licensed Missouri attorney or the lender.

1) Who owns the house now?

Before you can take responsibility for the mortgage, you must know how title to the house passed when your father died. Common possibilities:

• Joint tenancy with right of survivorship (title passes automatically to the surviving joint owner).
• Transfer-on-death or beneficiary deed (if used, title transfers directly to the named beneficiary).
• Will: the will names a personal representative (executor) who must admit the will to probate and transfer title.
• Intestate (no will): Missouri intestacy rules determine heirs and someone must open an estate and be appointed administrator.

If title already passed automatically (joint tenancy or beneficiary deed), you may already be the owner, but the mortgage typically remains attached to the property.

2) Mortgage vs. title — the basic rule

Owning the house does not automatically remove the mortgage. If a lender holds a recorded mortgage or deed of trust, the mortgage remains a lien on the property until paid off or the lender agrees otherwise. In most cases you must either:

• Keep making payments on the existing loan (the lender may permit this);
• Formally assume the loan if the mortgage allows assumption; or
• Refinance the loan into your name; or
• Sell the property and use sale proceeds to pay the mortgage.

3) Contact the lender promptly

Call the mortgage servicer early. Tell them of your father’s death and ask how they handle transfers on death and what documents they need to consider an assumption, modification, or refinance. Typical lender requests:

• Death certificate;
• Copy of the recorded deed (or probate paperwork showing title transfer);
• Letters Testamentary or Letters of Administration if the estate is open (these are issued by the probate court to the personal representative and prove authority to act);
• Proof of your income and credit information if you ask to assume or refinance.

4) Is the loan assumable? What about a due-on-sale clause?

Many mortgages include a “due-on-sale” clause that lets the lender demand full payment if ownership transfers. However:

• Some loans are explicitly assumable by a qualified transferee; if so, the lender can permit an assumption after reviewing your credit and income.
• Under federal rules and common mortgage-practice exceptions, transfers on death or transfers to a relative on the borrower’s death often do not automatically permit the lender to accelerate the loan. Still, the servicer will want notice and documentation.

Because rules and lender policies vary, the servicer’s instructions determine what steps you must take in practice.

5) If the estate is involved (probate) — what to expect in Missouri

If the property is part of a probated estate, the personal representative (executor or administrator) has authority to manage estate assets, including the house. Typical steps:

1. Open probate in the county where your father lived and get Letters Testamentary or Letters of Administration.
2. Notify the mortgage servicer and provide the personal representative’s letters and a death certificate.
3. The personal representative can keep paying mortgage payments from estate funds, negotiate with the lender (assumption, modification, or estate payoff), refinance, or sell the property to pay creditors and distribute proceeds to heirs.

6) Practical options for an heir who wants the house

Common paths you can pursue:

• Assumption: If the lender allows, you formally assume the existing loan and take over payments. Lenders will usually require a credit check and documentation.
• Refinance: Get a new mortgage in your name and use funds to pay off the old loan. This removes the decedent’s loan and ties the loan to you alone.
• Loan modification: If you qualify and the servicer agrees, modify terms to make payments more affordable.
• Keep making payments informally: If you already own title and simply keep paying, the lender may not force immediate action—but you remain at risk if the lender requires formal assumption or acceleration later.
• Sell the house: Proceeds pay off the mortgage; heirs divide any remaining estate assets according to the will or Missouri intestacy rules.
• Deed in lieu or short sale: If you cannot keep the loan, these are alternatives to foreclosure but require the lender’s agreement.

7) Documents and information you will likely need

• Certified copy of the death certificate.
• Recorded deed showing current title (or recorded beneficiary deed/joint tenancy evidence).
• Mortgage note and recent mortgage statements (account number, servicer contact info).
• Letters Testamentary or Letters of Administration if the estate is opened in probate court.
• Your government ID, Social Security number, pay stubs or tax returns (for assumption or refinance).
• Homeowners insurance declarations page and current property tax information.

8) Taxes and heirs’ financial exposure

If you inherit title, you inherit the property but not personal liability on the deceased’s unsecured debts. For a mortgage, the debt remains attached to the property. If you keep the house and payments lapse, the lender can foreclose regardless of who inherited the property. Also consider estate tax and capital gains planning before selling or transferring title—talk with an attorney or tax advisor for specifics.

9) Where to get help in Missouri

Useful places to look for forms and basic information:

• Missouri Revisor of Statutes (state laws and probate code): https://revisor.mo.gov/
• Missouri Courts (local probate court information; county court clerks handle probate filings) — check your county court’s website or the state courts site for instructions.
• If there is disagreement among heirs or complicated creditor issues, consult a Missouri probate or real estate attorney so you understand your rights and the correct probate procedures.

Bottom line: Start by determining how title passed, notify the mortgage servicer, obtain any necessary probate letters if the estate is opened, and work with the lender to assume, modify, or refinance the loan. If you are unsure of the correct probate steps or face lender resistance, a Missouri attorney can explain your options and file the necessary probate paperwork.

Disclaimer: This is educational information only and not legal advice. Laws change and each situation depends on its facts. Consult a licensed Missouri attorney or the mortgage servicer for guidance tailored to your case.

Helpful Hints

• Gather mortgage account numbers, the recorded deed, and a certified death certificate before you call the servicer—this speeds up the process.
• Ask the servicer whether the loan is assumable and what underwriting standards apply; write down the name, date, and badge/ID number of every representative you speak with.
• If the house is in probate, open the estate promptly so the personal representative can deal with the lender and preserve estate assets.
• Don’t stop paying the mortgage unless you have a clear plan; missed payments can trigger foreclosure even if title is in your name.
• Consider getting a market appraisal before deciding whether to assume or refinance; that helps you decide whether the house is worth keeping at current loan terms.
• If multiple heirs want different outcomes (some want to sell, others want to keep), mediation or attorney help can prevent costly disputes.
• Keep records of all communications and copies of documents you send to or receive from the lender and the probate court.