Clear, practical answer

Not every house a person leaves behind goes through probate. In Ohio, a home is a probate asset only when title to the property vests solely in the decedent and no automatic nonprobate transfer applies. Common ways a house avoids probate include joint ownership with rights of survivorship, ownership by a living trust, or another recorded nonprobate transfer (for example, certain survivorship deeds or beneficiary designations). See Ohio Revised Code chapter on descent and nonprobate transfers for background: Ohio Rev. Code Chapter 2113 and on conveyances: Ohio Rev. Code Chapter 5302.

Why your inherited house might not be a probate asset

• Joint tenancy with rights of survivorship — title passes automatically to the surviving owner at death, so the property does not usually enter probate.
• Property held in a living trust — the successor trustee manages and distributes the property outside probate.
• Recorded transfer-on-death or beneficiary designation (if applicable) — some recorded instruments can transfer title at death without probate.
• Payable-on-death (POD) or beneficiary designations on accounts — financial accounts with beneficiaries pass outside probate and can be used to pay related bills in some cases.

What happens to the mortgage and the lender’s lien

Title and the mortgage note are separate. Even if title passes outside probate, any lender lien recorded against the property generally remains attached to the land. That means the lender can still require payment or pursue foreclosure if mortgage payments stop. If you are not personally on the mortgage note, you may not be personally liable for the debt, but the lender can still enforce its lien against the property itself.

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

Yes — in most cases, a beneficiary or surviving owner can make mortgage payments directly to the lender to prevent foreclosure. Making payments does not change ownership, but it can protect the property from a forced sale and preserve its value while you sort out the legal situation. Follow these points:

If title passed outside probate (you already own or are on title)

• If you are a surviving joint owner or successor trustee, you have authority to manage the property and may make payments or negotiate with the lender.
• If you are not on title but the title shows you as owner, confirm the county recorder’s records before paying.
• Keep clear records of every payment and get receipts in your name or the estate’s name.

If the property is a probate asset (estate owns title) and no administrator is acting yet

• The personal representative (executor or administrator) generally has the legal authority to manage estate property and to make mortgage payments. Ohio probate rules govern appointment; see Ohio Rev. Code Chapter 2105 for court procedures and probate jurisdiction.
• If no personal representative is in place, a creditor (the lender) can still press its claim, and the property remains at risk of foreclosure. You (as an interested heir or beneficiary) may pay the lender to preserve the property, but the estate may owe you reimbursement.
• To get authority to act for the estate, ask the probate court to appoint an administrator or ask a named executor to be admitted. For rules on estate administration see: Ohio Rev. Code Chapter 2117.

Practical steps to avoid foreclosure

1. Check title and liens. Search the county recorder’s office to confirm how title passed and whether a mortgage or other lien is recorded.
2. Contact the lender immediately. Explain the death, provide a death certificate if requested, and ask about options: forbearance, loan modification, repayment plan, or temporary relief for estates.
3. Get court involvement if needed. If the property is in probate, ask the probate court to quickly appoint a personal representative so someone can legally act for the estate.
4. Consider voluntary payments. A beneficiary or surviving owner can pay to stop foreclosure, but keep written proof and track payments for reimbursement claims against the estate if the property proves to be a probate asset.
5. Preserve evidence. Save bank records, receipts, lender communications, and copies of any probate filings.
6. Talk to an attorney. A lawyer can help clarify title issues, request appointment of a personal representative, and negotiate with the lender.

Common scenarios and how they typically play out

Scenario A — Joint tenant survives: They inherit title automatically. Lender’s lien remains; the surviving owner usually negotiates with the lender or continues payments to avoid foreclosure.

Scenario B — House in a living trust: The successor trustee steps in and either keeps paying, sells the house, or arranges refinancing. Probate is avoided.

Scenario C — House is probate asset and no administrator yet: The lender may still foreclose. Heirs should ask the probate court for expedited appointment of a personal representative and consider making interim payments to preserve value.

What to expect from the lender and the probate court

Lenders prioritize their secured interest. They can start foreclosure if payments stop unless you reach an agreement. The probate court prioritizes proper appointment and notice to creditors. Secured creditors have remedies even while probate is pending. Moving quickly reduces the chance of a forced sale.

Helpful hints

• Start by checking the county recorder’s online records for deed and mortgage information.
• Ask the lender for a short written forbearance while you clarify title and probate status.
• If you make payments as a beneficiary, get written acknowledgment that payments will be credited to the mortgage and keep all receipts.
• File for appointment as administrator or petition the court for authority if the estate lacks a representative and the mortgage is in danger.
• Be cautious about paying off the mortgage without clear title verification — paying protects the property, but it does not transfer ownership unless documented properly.
• Keep communications with all parties in writing when possible; document phone conversations (note date, time, and whom you spoke with).

Where to learn more and next steps

Read Ohio statutes for basic rules on probate, descent, and conveyances: Probate court jurisdiction (Ohio Rev. Code Ch. 2105), Descent and distribution (Ohio Rev. Code Ch. 2113), and Conveyances and recordation (Ohio Rev. Code Ch. 5302). For estate administration procedures see: Ohio Rev. Code Ch. 2117.

Important disclaimer: This article explains general principles of Ohio law and common practice but is not legal advice. It does not create an attorney-client relationship. For specific guidance about your situation, contact a licensed Ohio attorney or your local probate court.