Understanding how an inherited home may escape probate and what you can do to keep the mortgage current in Pennsylvania

Short answer: A house can be a non‑probate asset in Pennsylvania if title passes automatically at death (for example, joint tenancy/tenancy by the entirety, a living trust, or a properly executed beneficiary/transfer‑on‑death deed). If title already passed outside probate, the new owner generally has the right and responsibility to keep paying the mortgage — but the lender can still enforce the mortgage if payments stop. If the property is part of the probate estate and the personal representative controls it, making payments yourself is possible but involves legal and practical risks. Read on for how to confirm which situation applies and practical steps to avoid foreclosure.

Detailed Answer

1) Why an inherited house might not be a probate asset

“Probate” generally means the court process used to identify a decedent’s assets, pay debts, and distribute what remains under a will or Pennsylvania intestacy law. Pennsylvania’s rules for wills, estates, and personal representatives are in the Pennsylvania Consolidated Statutes, Title 20 (Decedents, Estates and Fiduciaries). See Title 20: 20 Pa.C.S. (Decedents, Estates and Fiduciaries).

A house will normally avoid probate for one of these common reasons:

• Joint ownership with right of survivorship — If the deed names you and the decedent as joint tenants with right of survivorship or as tenants by the entirety (for married owners), ownership automatically continues with the surviving owner without probate.
• Trust ownership — If the decedent put the house into a revocable living trust, title already belongs to the trust and the successor trustee can transfer or manage the property without probate.
• Beneficiary or Transfer‑on‑Death deed — Some states allow recording a deed that names a beneficiary who becomes owner at death. If Pennsylvania deed language or state law created such a transfer, the property passes without probate.
• Other non‑probate mechanisms — Life estates, certain contractual assignments, or property already conveyed during life will avoid probate.

2) If title passed outside probate, what happens to the mortgage?

Ownership passing outside probate does not automatically erase the mortgage. The mortgage is an obligation attached to the property. Common consequences:

• If you become the new owner by survivorship or as beneficiary/trustee, you generally have the legal right to make payments and address loss‑mitigation with the lender. The lender can still foreclose if payments are not made or you cannot negotiate a modification.
• If the loan was in the decedent’s name only, the lender may require documentation of the transfer of ownership (recorded deed, trust documentation, death certificate) before discussing loan servicing or loss mitigation with you.
• In some cases the lender may pursue collection from the estate first. But if title has passed to you, the lender’s practical recourse is foreclosure against the property — which directly affects the new owner.

3) If the house is a probate asset (estate property), can you make payments without the administrator’s help?

Short answer: yes, but there are legal and practical risks.

Key considerations:

• Authority to act: If the decedent’s estate is in probate and a personal representative (executor/administrator) has been appointed, that representative has the legal authority and duty to protect estate assets, including deciding on mortgage payments, sale, or other actions. Acting without the representative’s authorization can complicate estate administration.
• Payment consequences: If you voluntarily make mortgage payments to prevent foreclosure, you should get a written agreement with the personal representative (if one exists) about reimbursement or credit against the estate or your ownership interest. Otherwise, you may only have an unsecured claim for reimbursement against the estate, which could be unpaid if estate funds are insufficient.
• Creating rights: Paying the mortgage can sometimes create an equitable claim (for example, a right to reimbursement or a lien) but such claims usually require clear documentation and often court approval in probate. Do not assume payments will automatically convert into ownership or a lien unless documented.
• If no representative yet: If the estate is not opened and no representative is appointed, you can communicate with the mortgage servicer about continuing payments and request the servicer accept payments from you. Have the servicer confirm in writing how they will treat payments from a third party and what documentation (death certificate, proof of ownership) they require.

4) Practical steps to avoid foreclosure

1. Check the deed and county records immediately. Visit the county recorder/recorder of deeds (or its online portal) where the property is located to confirm how title is held (joint tenancy, tenants by entirety, trust, beneficiary language) and whether a recorded mortgage exists.
2. Obtain the decedent’s death certificate and proof of your ownership interest. Lenders will usually ask for a death certificate plus the recorded deed or trust documents showing you as owner or successor.
3. Contact the mortgage servicer without delay. Explain the situation, provide documentation, ask for the payment amount, and request loss‑mitigation options (forbearance, reinstatement, modification). Ask the servicer to provide written instructions on where to send payments and how they will be recorded.
4. Get any payment agreement in writing. If you and the personal representative (or other co‑owner) agree you will make payments, have a written, signed agreement that describes reimbursement, credit to purchase price, or priority of claims.
5. If the estate is in probate, consider asking the court for guidance. A petition to the court (through a probate attorney) can authorize payments or sale and protect third parties who step in to preserve the property.
6. Keep careful records and receipts. Save all payment receipts, correspondence with the lender, and copies of agreements. Those docs are essential if you later seek reimbursement from the estate or in a dispute.
7. Consult an estate or real estate attorney. A lawyer can confirm whether the property is probate or non‑probate, how to preserve your rights, and whether you should become personal representative or file a claim in probate.

5) What if the lender threatens foreclosure right away?

If the lender begins foreclosure, your immediate steps should be:

• Confirm whether title passed outside probate. If you already own the property, move quickly to negotiate with the servicer (reinstatement, forbearance, loan modification, short sale).
• If the property is probate property, urge the personal representative to act to protect the estate and seek court authorization if necessary.
• Consider short‑term measures such as making partial payments with written confirmation from the servicer that payments will be credited, or bidding at a foreclosure sale if appropriate and feasible.

Helpful Hints

• Start by checking the recorded deed at the county recorder/recorder of deeds office — it often answers whether the property is probate or non‑probate.
• Get multiple certified copies of the death certificate early — lenders and government agencies commonly require them.
• Do not assume mortgage obligations vanish at death. Title may transfer, but the debt remains secured by the property until paid or released.
• Never hand over large sums or sign documents promising to assume a loan without written legal advice or a clear written agreement protecting your interests.
• If you will be making payments personally, ask the lender to confirm in writing that payments from you will be accepted and how they will be applied.
• If the property is in probate and at risk of foreclosure, ask the personal representative (or a probate attorney) to file an emergency motion with the court to prevent sale while the estate sorts out options.
• Keep communication with the mortgage servicer documented (emails, certified mail). Time is critical in foreclosure timelines.

Where to find Pennsylvania resources

• Pennsylvania Consolidated Statutes, Title 20 (Decedents, Estates and Fiduciaries): https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=20
• Pennsylvania courts general information and links to county Register of Wills: https://www.pacourts.us/
• Pennsylvania Department of Banking and Securities — consumer info that often includes foreclosure and mortgage servicer contacts: https://www.dobs.pa.gov/consumer-protection/Pages/Foreclosure.aspx

Final practical tip: If time allows, consult a Pennsylvania probate or real estate attorney early. A short attorney call can often tell you whether title has passed and what the safest next steps are to protect ownership and prevent foreclosure.

Disclaimer: This article is for educational purposes only and is not legal advice. It does not create an attorney‑client relationship. For guidance tailored to your situation, consult a licensed Pennsylvania attorney.