Detailed answer — How a house can skip probate in Washington and whether you can make mortgage payments without the administrator
Short answer: A house may not be a probate asset in Washington if it passed automatically at death (for example, by joint tenancy, a transfer-on-death deed, trust ownership, or beneficiary designation). Whoever receives the house that way owns it, but the mortgage lien generally remains. If you are the new nonprobate owner, you can pay the mortgage to avoid foreclosure. If the house is still part of the decedent’s probate estate, only the personal representative (administrator or executor) normally has legal authority to manage estate assets and make payments, unless a court or the lender agrees otherwise.
Why an inherited house might not be a probate asset
In Washington, property can pass at death in two main ways:
- Nonprobate transfer: title or a valid written designation makes the property pass directly to another person at death. Common examples are:
- Joint tenancy with right of survivorship: the surviving joint tenant becomes sole owner automatically.
- Ownership in a living trust: the trust terms control distribution without probate.
- Transfer-on-death / beneficiary deed: when properly executed and recorded, the beneficiary takes title at death (Washington law recognizes nonprobate transfers; see the Washington probate statutes for how probate interacts with nonprobate transfers: RCW Title 11 – Probate, Trusts, and Protective Proceedings).
- Property with a payable-on-death or beneficiary designation (more common for bank and retirement accounts).
- Probate property: assets titled solely in the decedent’s name with no beneficiary designation or survivorship right typically pass through probate.
Which category applies depends on how the decedent held title and any recorded documents. You can verify by checking the county recorder/auditor’s records for the deed and for any recorded beneficiary or trust documents.
How mortgages and liens behave after death
Mortgages and deeds of trust survive the owner’s death. If a house passes outside probate, the new owner receives the property subject to any existing mortgage or deed of trust. If the house passes through probate to heirs, the estate holds title subject to the mortgage until the court authorizes a transfer to heirs (or sale). Washington’s foreclosure law and remedies are primarily governed by the statutes on deeds of trust and nonjudicial foreclosures (RCW Chapter 61.24).
Can you make mortgage payments to avoid foreclosure without the administrator?
It depends on your status and the title situation:
- If you are a nonprobate transferee who already owns the house (for example, surviving joint tenant, beneficiary under a transfer-on-death deed, or trust beneficiary who holds title), then you can and should make mortgage payments or work with the lender to avoid foreclosure. Paying the mortgage does not automatically change title, but it stops foreclosure if the lender accepts payments or agrees to a workout.
- If the house is still an asset of the probate estate and you are not the personal representative, you typically lack authority to deal with estate property on a binding, legal basis. The personal representative (executor/administrator) has the statutory duty and authority to preserve estate property, pay debts, and defend the estate. If you make payments without authority, a lender may accept them, but doing so does not give you clear legal ownership and could create disputes with heirs or the personal representative.
- Even if the house is in probate, a lender can initiate foreclosure if payments stop. Some lenders will work with family members or willing payors (forbearance, reinstatement, modification) if the payor shows a legal interest or the personal representative later approves. Get any arrangement in writing.
Practical steps to take now
- Check title records. Look at the recorded deed at the county recorder/auditor to see how title is held and whether a beneficiary deed or trust is recorded.
- Confirm whether probate has opened. Contact the county probate court clerk or search public probate records to learn whether an estate case is pending and who the personal representative is. Washington probate procedures and duties are governed by RCW Title 11: https://app.leg.wa.gov/rcw/title11/.
- Contact the lender immediately. Explain the situation and ask about options: reinstatement, forbearance, loan modification, or accepting payments from you. Ask the lender what paperwork they require (proof of ownership, proof of authority, or a written agreement).
- If you are not the personal representative but you plan to pay the mortgage, get an agreement in writing from the lender and, if possible, from the personal representative or court. Keep detailed records and receipts of all payments.
- If you want authority over estate property, consider asking the court to appoint you personal representative. The court can grant limited authority more quickly in urgent situations if you file the right forms with the probate court.
- Consider alternatives the lender may offer to resolve a default: deed in lieu, short sale, or sale approved by the estate/court. Each option has legal and tax consequences.
Examples (hypotheticals)
Hypothetical A: The decedent and a sibling held the house as joint tenants. The sibling survived. The sibling takes title outside probate and must pay the mortgage or negotiate with the lender. The estate does not need to handle the house in probate.
Hypothetical B: The decedent owned the house alone with no recorded beneficiary and a mortgage. No one has been appointed personal representative yet. The lender begins foreclosure. A family member can temporarily make payments accepted by the lender, but to deal with the property legally (sell it, convey title) the court usually must appoint a personal representative unless the house is transferred outside probate.
When to get legal help
Talk to a Washington probate or real estate attorney if you face any of the following:
- Title is unclear or documents conflict.
- The lender refuses to negotiate and foreclosure is imminent.
- You want to be appointed personal representative or to challenge an appointment.
- You need to draft or review written agreements with the lender or other heirs.
Relevant Washington law and resources
- Washington statutes on probate, trusts, and related proceedings: RCW Title 11.
- Washington statutes governing deeds of trust and foreclosures: RCW Chapter 61.24 – Deeds of Trust and Mortgages.
- County recorder/auditor office — search deeds and recorded documents to learn how the property is titled.
Final takeaway: The key is title. If you already own the house by survivorship, beneficiary deed, or trust, you can act to stop foreclosure by working with the lender. If the house is part of a probate estate, only the personal representative (or someone authorized by the court) has routine legal authority to manage the asset — but lenders sometimes accept payments from family members. Verify title, contact the lender, and seek legal help promptly so you don’t lose housing or legal rights.
Helpful hints
- Verify ownership at the county recorder/auditor before you pay anything large. Recording records control who appears as owner.
- Get any payment agreement in writing from the lender. Verbal promises are risky.
- If you pay the mortgage and later claim a right to the property, keep detailed proof of payments and communications; an agreement or court order is much stronger evidence than payments alone.
- If foreclosure starts, ask the lender about a temporary forbearance while someone seeks appointment as personal representative or a title search is completed.
- Act fast. Foreclosure timelines can move quickly. Calling the lender and the probate court clerk on day one helps preserve options.
- Consider a free or low-cost initial consultation with a Washington probate or real estate attorney to understand deadlines and emergency filings.
Disclaimer: This article is educational only and does not constitute legal advice. I am not a lawyer. For advice about a specific situation in Washington, consult a licensed Washington attorney who can review your documents and the court record.