The Short Answer

In Pennsylvania probate, the estate (through the personal representative/executor) is generally responsible for making reasonable payments needed to preserve estate property—often including mortgage payments, insurance, and essential utilities—while the estate is being administered. However, whether heirs must personally pay (or should be reimbursed) depends on title, who is living in the home, available estate cash, and whether the mortgage lender can enforce its lien regardless of probate.

What Pennsylvania Law Says

During administration, the personal representative has authority and responsibility to take possession of, maintain, and administer estate property and to make reasonable expenditures necessary to preserve it. Separately, estate bills and claims are paid in a statutory order of priority, with administration costs paid ahead of many other claims if the estate is short on funds.

The Statute

The primary law governing this issue is 20 Pa.C.S. § 3311.

This statute establishes that the personal representative must take possession of and maintain estate property (with a limited exception for certain heir/devisee occupancy) and may make reasonable expenditures necessary to preserve it during administration.

When deciding which estate bills get paid first if money is tight, Pennsylvania also uses a priority system. See 20 Pa.C.S. § 3392 (classification and order of payment of proper charges and claims).

Why You Should Speak with an Attorney

While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: Mortgage default timelines, tax/insurance lapses, and probate administration timelines can create fast-moving risk (like foreclosure or loss of coverage) even while probate is pending.
• Burden of Proof: If a family member pays the mortgage/utilities out-of-pocket, reimbursement often turns on documentation and whether the payments were truly necessary to preserve the property for the estate (not just for someone’s personal use/occupancy).
• Exceptions: Who occupies the home matters. Under 20 Pa.C.S. § 3311, real estate occupied at death by an heir or devisee with the decedent’s consent can affect possession/management issues, and disputes can arise over whether the estate should carry ongoing housing costs versus the occupant contributing.

It’s also common for families to assume “the heirs inherit the house, so the heirs must pay everything.” In reality, the mortgage is a secured debt tied to the property, and the executor’s job is to preserve value and follow the statutory payment priorities—while also protecting the executor from personal liability and preventing conflict among heirs.

If you want more context on related Pennsylvania probate real estate issues, you may also find this helpful: How Do Refinancing and a Buyout Work When You Co-Own a Home in Pennsylvania Probate?.

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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.