The Short Answer

In Pennsylvania, an inherited house is often described as “not a probate asset” because legal title to a decedent’s real estate generally passes immediately to the heirs or devisees at death, even though the estate (and the court) can still have important powers over it. You can usually make mortgage payments to reduce the risk of foreclosure, but doing so without coordinating with the personal representative can create reimbursement, documentation, and authority issues—especially if the estate needs to sell the property or there are multiple heirs.

What Pennsylvania Law Says

Pennsylvania treats real estate differently from many other assets during estate administration. Bank accounts and other personal property typically flow through the personal representative, but real estate generally passes by operation of law to the people who inherit it—while still remaining subject to estate administration powers and court orders. That’s why you may hear that the house is “not a probate asset,” even though it can still be affected by probate (for example, if it must be sold to pay debts, or if the personal representative needs to manage or preserve it).

The Statute

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

This statute establishes that legal title to real estate passes at death to heirs or devisees, while legal title to personal property passes to the personal representative, and that the real estate transfer is subject to the personal representative’s powers and court orders.

Even though title may pass to heirs/devisees, Pennsylvania law also recognizes that a personal representative may need to possess, maintain, and make reasonable expenditures to preserve estate property during administration. See 20 Pa.C.S. § 3311.

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: Certain creditor-claim rules can change what is enforceable against real estate over time, including a one-year limitation concept in 20 Pa.C.S. § 3385 (which can matter when heirs transfer or encumber real property).
• Burden of Proof / Paper Trail: If you pay the mortgage, you may later need to prove whether those payments were a gift, rent, an agreement among heirs, or an estate-preservation expense—especially if you want reimbursement or credit in a later distribution/accounting.
• Exceptions and Authority Issues: The personal representative may need to manage the property, coordinate with heirs in possession, or even sell the property under certain circumstances. See, for example, possession/maintenance authority in 20 Pa.C.S. § 3311 and sale authority in 20 Pa.C.S. § 3351.

Also, “Can I pay the mortgage?” is often not the only issue. The bigger risk is what happens next: whether the lender will communicate with you, whether the estate can or should keep the home, how other heirs’ rights are protected, and how payments are treated in the estate accounting. A probate attorney can coordinate with the personal representative and help protect you from avoidable disputes or financial loss.

If you want more background on related Pennsylvania probate home issues, you may find these helpful: Do heirs have to pay the mortgage and utilities on an inherited home during probate in Pennsylvania? and 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.