The Short Answer

Yes—someone can usually keep making the mortgage payments after a parent dies, but that does not automatically make you the borrower or give you ownership rights beyond what you inherit. In Pennsylvania, the home and the mortgage are handled through the estate/transfer process, and who should pay (and from what funds) depends on who holds title, who is inheriting, and what the personal representative is authorized to do.

What Pennsylvania Law Says

In Pennsylvania, real estate generally passes at death to the heirs or devisees, but it remains subject to the estate’s administration and the personal representative’s powers (including dealing with debts and preserving property). That means the mortgage lien doesn’t disappear at death, and the estate (and/or the inheriting owner) must address it to avoid default and foreclosure.

The Statute

The primary law governing this issue is 20 Pa.C.S. § 301.

This statute establishes that legal title to a decedent’s real estate passes at death to heirs or devisees, but it is still subject to the personal representative’s powers and court orders.

In addition, Pennsylvania law gives the personal representative broad authority to take possession of, maintain, and administer estate property and to make reasonable expenditures to preserve it—often the legal basis for keeping a mortgage current during administration. See 20 Pa.C.S. § 3311.

If you want more background on how mortgages and inherited houses are treated, you may find these helpful: Can I take over my father’s mortgage after his death in Pennsylvania? and Do heirs have to pay the mortgage and utilities on an inherited home during probate in Pennsylvania?.

Why You Should Speak with an Attorney

While the general rule is that mortgage payments can be made to prevent default, applying it to your situation is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: Estate and creditor-rights timing issues can affect leverage and risk, including limitations affecting claims tied to estate property transfers. See, for example, 20 Pa.C.S. § 3385.
• Burden of Proof: If you pay from your own funds, questions can arise about whether you intended a gift, whether you should be reimbursed, and how to document payments so they are credited properly (and not treated as an informal arrangement that later creates disputes among heirs).
• Exceptions: Title matters (sole ownership vs. joint tenancy/tenancy by the entirety), whether there is a will, whether the property is occupied by an heir, and whether the personal representative needs court involvement can all change who should pay and what happens if the property must be sold. Pennsylvania law also recognizes circumstances where an heir/devisee may occupy the property, while the personal representative still has powers to protect claimants and administer the asset. See 20 Pa.C.S. § 3311.

Trying to handle this alone can lead to avoidable foreclosure risk, family conflict, or paying money you cannot recover. A probate attorney can quickly assess title, the loan status, who has authority to communicate with the lender, and whether payments should come from estate funds or an heir (and how to protect reimbursement rights if appropriate).

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Disclaimer: This article provides general information under Pennsylvania law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.