Detailed answer (what you need to know and do)

1. Understand who now owns the house

First, determine how title passes. Common ways are: a will (probate), intestacy (no will), joint tenancy with right of survivorship, or a beneficiary/transfer-on-death deed (if applicable). If the house passes through probate, the personal representative (executor/administrator) controls estate assets until distribution under West Virginia’s probate rules. See West Virginia law on probate and administration for details: W. Va. Code Chapter 44. For rules on intestate succession (who inherits when there is no will), see: W. Va. Code Chapter 42.

2. Recognize the mortgage status after death

The mortgage remains a lien on the property even after the borrower dies. The lender can pursue the loan if payments stop. Passing title to an heir does not erase the mortgage. Any heir who receives the property will take title subject to that lien unless the mortgage is paid off or the lender agrees otherwise.

3. Gather the documents you’ll need

Collect these before contacting the lender or the probate court:

• Death certificate
• Original mortgage note and latest mortgage statement (ask the lender for copies)
• The decedent’s will (if any)
• Any deed or title documentation
• Letters testamentary or letters of administration (once appointed by the probate court)

4. Notify the lender and get account information

Call the mortgage servicer to tell them the borrower has died and to request a payoff statement, a copy of the promissory note, and the current payment status. Ask what documents they require to discuss the loan (often a death certificate and proof of representative status). Do not miss mortgage payments while you sort this out—missed payments can lead to foreclosure.

5. Options for keeping the house

Common paths to remain in the house:

• Assume the loan with the lender’s permission: Some lenders allow formal assumption if you qualify. Lender approval usually requires a credit and income review.
• Refinance in your name: Replace the old mortgage with a new loan in your name. This removes the deceased borrower’s name and the estate from mortgage liability.
• Pay the loan from the estate: If you are the personal representative, you may use estate funds to keep making payments until distribution. Estate assets must be used to pay valid debts and claims—mortgages are secured claims against real property. See W. Va. Code Chapter 44 for priority and administration rules: https://code.wvlegislature.gov/44/.
• Sell the house: The sale proceeds pay the mortgage first; any remainder passes to heirs.

6. What if you can’t or don’t want to pay?

If payments stop and neither the estate nor an heir pays, the lender may start foreclosure proceedings to recover the debt. West Virginia law governs foreclosure procedures and deadlines. If the estate lacks enough assets to pay debts, consult the probate court and an attorney about the estate’s administration and creditor claims under Chapter 44 of the West Virginia Code: https://code.wvlegislature.gov/44/.

7. Practical timeline and steps you should take now

1. Locate the mortgage statement and note. If you cannot find them, ask the lender for account details and payoff amount.
2. Obtain certified copies of the death certificate from the county vital records office.
3. If there is a will, file it with the probate court. If not, an heir can petition to be appointed administrator. See W. Va. Code Chapter 44 for filing and appointment rules: https://code.wvlegislature.gov/44/.
4. Ask the lender about assumption rules, refinancing options, and whether they offer a hardship program or loss mitigation.
5. Decide whether to refinance, assume, continue payments from the estate, sell, or surrender the property.

8. When lender approval is required

Even if you inherit title, many mortgages contain a “due-on-sale” clause allowing the lender to demand full repayment upon transfer of title. Lenders often enforce this clause only if they choose. Practical steps: speak to the servicer early, and get any agreement in writing.

9. Special notes about joint ownership and non-probate transfers

If the decedent held the house as joint tenants with right of survivorship, title may pass automatically to the surviving joint owner—still subject to the mortgage. If there was a beneficiary deed or similar non-probate transfer, title may pass outside probate but the mortgage lien remains attached.

10. Consider legal help when:

• The estate is complex or has multiple creditors
• The lender threatens foreclosure soon
• You are unsure how title passed or whether you have authority to act

For information on how West Virginia handles probate and estate creditor claims, see: W. Va. Code Chapter 44. For intestate succession rules, see: W. Va. Code Chapter 42.

Disclaimer: This article explains general legal principles under West Virginia law and is for educational purposes only. It is not legal advice. For advice about your specific situation, consult a licensed West Virginia attorney or the probate court in the county where the decedent lived.

Helpful Hints

• Act quickly: notify the lender and the probate court to avoid missed payments and foreclosure risk.
• Get multiple certified death certificates—lenders, title companies, and probate courts usually require originals.
• Keep careful records of all calls, letters, payments, and documents you send and receive from the lender.
• If you plan to assume or refinance, check your credit and income documents early so you don’t lose time.
• If the estate has limited cash, prioritize secured debts tied to estate property (mortgage payments) to avoid foreclosure while probate is pending.
• When communicating with the lender, request all important agreements in writing; do not rely solely on verbal promises.
• Consider a short sale or deed-in-lieu only with lender approval—these can avoid foreclosure and may minimize credit impact.
• If you are serving as personal representative, know your duties: identify assets, notify creditors, and manage estate funds under W. Va. Code Chapter 44: https://code.wvlegislature.gov/44/.
• Contact your county probate clerk’s office for local filing rules and small-estate procedures if the estate is limited.

If you would like, I can provide a checklist of documents to request from the lender and the probate court or a sample letter to notify the mortgage servicer of the death and request a payoff statement.