Quick answer

During probate in Virginia, mortgage payments and utility bills do not stop automatically. Mortgage payments remain due to the lender and utilities remain the account holder’s responsibility. The personal representative (executor or administrator) should act to protect estate property by contacting lenders and utility providers, maintaining insurance, and using estate funds when available to pay necessary expenses. If payments are missed and the estate or heirs do not catch up, the lender can pursue foreclosure and utility companies can discontinue service.

Detailed Answer — how mortgage payments are handled

1) Mortgage obligations survive death. A mortgage is a contract and security interest attached to the property. The loan does not disappear when the borrower dies. The lender still has the right to be paid and, if payments stop, to pursue remedies such as acceleration or foreclosure under the mortgage and applicable law.

2) Who has the duty to pay while the estate is in probate? The personal representative is responsible for protecting estate assets and paying estate expenses from estate funds when funds are available. That typically includes reasonable costs necessary to preserve and manage estate property — for example, mortgage payments to avoid foreclosure, property insurance, and necessary repairs. See Virginia’s laws on administration of estates (Title 64.2) for the personal representative’s duties: https://law.lis.virginia.gov/vacode/title64.2/

3) Order of payment and limited estate funds. Estate funds pay administration expenses and creditors in a statutory order. If the estate lacks sufficient non‑exempt cash or assets to keep making mortgage payments, the lender remains entitled to payment and can enforce its security interest against the property. In practice that means heirs who inherit the property will receive it subject to the mortgage unless the mortgage is paid off, refinanced, or the property is sold to satisfy the debt.

4) Options personal representatives and heirs commonly use:

• Continue paying the mortgage from estate cash or from rental income or other estate income to avoid foreclosure.
• Refinance the mortgage (heirs or new owner) after title transfers, if approved by the lender.
• Sell the property during probate. A personal representative may sell real estate under the terms of the will or with court approval to pay debts and expenses. The sale proceeds can be used to pay the mortgage and other claims.
• Allow the lender to foreclose if no funds are available and no heir chooses to keep the property. Foreclosure rules and timelines are governed by the mortgage contract and Virginia law.

5) Practical note on lender communication: Contact the mortgage servicer early. Lenders often offer options (forbearance, loan modification, short sale, deed in lieu) when they know the borrower has died and the property is in probate. Early communication can preserve options and time.

Detailed Answer — how utilities are handled

1) Utilities remain payable. Utility charges (electric, water, gas, trash, etc.) continue to accrue until service is canceled, transferred, or the account paid. The utility company treats the account according to its contract and policies. If utilities are not paid, a company can discontinue service.

2) Who should pay utilities? The person who has control of the property — typically the personal representative or an heir in physical possession — should arrange payment. The personal representative has authority to use estate funds for necessary expenses to preserve property, which generally includes utilities and insurance. Again, if estate funds are insufficient, utilities may be disconnected.

3) Avoiding service cut‑off and property damage:

• Keep essential utilities on (heat in winter, electricity to avoid frozen pipes) until the property is transferred or safely winterized.
• Notify utility companies of the death and provide the personal representative’s contact information. Many companies have specific procedures for estate accounts.
• Ask about billing options, temporary account changes, or placing the account in the personal representative’s name to maintain service.

Hypothetical example

Scenario: A decedent owned a home subject to a mortgage. The mortgage payment is $1,400/month. The estate has $8,000 in a bank account and no other liquid assets. Probate will likely take several months.

What the personal representative should do: contact the mortgage servicer within days of appointment to explain the situation; use estate cash to pay the most urgent months to avoid acceleration; keep utilities and insurance active to protect the asset; file necessary probate paperwork to obtain legal authority to manage estate property; evaluate whether selling the house promptly (with court approval if required) or refinancing is necessary to pay the mortgage and debts. If the estate runs out of money and the property remains unpaid, the lender may proceed with foreclosure, and heirs who accept the property will take it subject to that mortgage.

Relevant Virginia law (starting points)

Virginia statutes that govern estate administration and the personal representative’s duties are collected in Title 64.2 — Administration of Estates. Review that title for the statutory framework the court and personal representative follow: https://law.lis.virginia.gov/vacode/title64.2/.

Helpful Hints

• Contact the mortgage servicer and utility companies immediately. Early notice preserves options and prevents surprise actions (foreclosure or shutoff).
• Obtain appointment paperwork. The personal representative should get the court’s letters testamentary or letters of administration to show authority to manage estate affairs.
• Prioritize payments that protect the asset: insurance, utilities (to prevent damage), and mortgage payments if doing so will preserve value and avoid foreclosure.
• Keep careful records of all expenses paid from estate funds. These will be accounted for in the estate administration process.
• Consider temporary solutions: request forbearance from the lender, seek a short sale, or file a motion with the probate court to authorize a sale if needed to pay debts.
• Talk to potential heirs before making major decisions. Heirs sometimes agree to keep paying or to assume the mortgage if permitted by the lender.
• If unsure whether the estate has enough funds, consult a probate attorney. The attorney can advise whether the personal representative should use estate funds, seek court instructions, or proceed with a sale.
• Remember: accepting an inherited property may also mean accepting the mortgage attached to it. Heirs should assess whether they want the property subject to debt.

When to get legal help

Seek an attorney if any of the following apply: the estate lacks funds to protect property; the lender threatens foreclosure; disputes arise among heirs; you need court permission to sell property; or you’re unsure about prioritizing creditor claims. A Virginia probate attorney can review Title 64.2 procedures and represent the personal representative or heirs in court if necessary.