Can an inherited house be outside probate, and may I keep paying the mortgage to avoid foreclosure in Wyoming?

This FAQ explains why an inherited home sometimes is not a probate asset, how mortgage obligations work after a death, and practical steps you can take in Wyoming to avoid foreclosure. This is educational information only and not legal advice.

Short answer

If the home already passed to you by a non‑probate method (for example, joint tenancy with right of survivorship, a living trust, or another transfer outside probate), it may not be a probate asset. Even if the home is not in probate, the mortgage remains a lien against the property. You can usually make mortgage payments as the person in possession to avoid foreclosure, but you should get the lender’s acknowledgment in writing and confirm your legal interest in the property. If the property is still owned by the estate, the personal representative (administrator or executor) has the legal authority to act on behalf of the estate and should handle payments unless the court approves otherwise.

Why a house may not be a probate asset

Probate generally deals with assets that pass under a deceased person’s will or by the state’s intestacy rules. Many ownership arrangements transfer property automatically at death and therefore avoid probate. Common non‑probate transfers include:

• Joint tenancy with right of survivorship — the surviving joint owner becomes sole owner at death.
• Property held in a revocable (living) trust — the trustee transfers title outside probate under trust terms.
• Designated beneficiary or transfer‑on‑death mechanisms where state law allows the deed or account to pass directly to a beneficiary.
• Deeds or arrangements that create a life estate and a remainder interest that do not require probate for the remainder holder.

To confirm whether the house is a probate asset, check the recorded deed at the county recorder’s office and, if applicable, trust documents or beneficiary designations. If title already shows you as the owner (or the trust owns it), the property typically will not need administration through probate.

How the mortgage works after the owner’s death

The mortgage is a contract and a lien on the property, separate from ownership. Key points:

• The lender’s lien survives the owner’s death. Even if title passes to a beneficiary outside probate, the lender can still enforce the mortgage (including foreclosure) if payments stop.
• Death does not automatically eliminate the debt. The lender can require payment in full, continue to accept monthly payments, or pursue foreclosure according to the loan documents and Wyoming law.
• If the property is part of the probate estate and the estate has insufficient assets, creditors (including the mortgagee) may seek to foreclose or petition the court for authority to sell estate property to pay debts.

Can you make mortgage payments without the administrator’s help?

That depends on whether you already own the property and whether a personal representative has been appointed:

• If title already passed to you outside probate: Yes, you can make mortgage payments directly to the lender. You should contact the lender, provide a copy of the death certificate and proof of your ownership (recorded deed or trust documents), and ask the lender how it wants payments handled. Ask for written confirmation that the lender recognizes your ownership and will apply payments to avoid foreclosure.
• If the property is owned by the estate or title is still in the decedent’s name and no administrator/executor has been appointed: The mortgage lender may still enforce the lien against the property. Technically, only the personal representative (once appointed) or a court order has authority to manage estate assets. A third party who makes payments may preserve the property from immediate foreclosure, but doing so can create later disputes over reimbursement or rights in the property. If you make payments without the estate’s permission, ask for a written receipt and agreement from the personal representative or the probate court approving your arrangement.
• If an administrator or executor is already appointed: The personal representative has a duty to protect estate assets and pay valid estate debts from estate funds when appropriate. If the administrator will not act to prevent foreclosure, interested parties (beneficiaries, creditors) can ask the probate court for instructions or to compel the representative to act.

Practical steps to avoid foreclosure in Wyoming

1. Confirm ownership. Get a certified copy of the recorded deed or trust documents from the county recorder.
2. Notify the lender. Provide the death certificate and proof of your ownership or status. Ask whether the loan is assumable and what documentation the lender needs to accept payments.
3. Get written agreements. If you plan to pay the mortgage, get the lender’s instructions and a written acknowledgement that payments will be accepted and applied. If the property is part of an estate, get the personal representative’s written agreement or a court order permitting your payments and outlining reimbursement or rights.
4. Open communications with the estate representative. If there’s an administrator/executor, work with them to prevent foreclosure. If they won’t help, consult the probate court about forcing action.
5. Explore loss‑mitigation options. Ask the lender about forbearance, loan modification, reinstatement, or assumption by a beneficiary. Many lenders offer programs for borrowers after the borrower’s death.
6. Document everything. Save copies of payments, receipts, emails, and written agreements to avoid future disputes about reimbursement or ownership claims.
7. Consider a qualified attorney. If title is unclear, the estate is involved, or the lender threatens foreclosure, consult a Wyoming attorney experienced in probate or real estate to protect your rights.

Wyoming statutes and resources

Wyoming’s probate laws and rules on estate administration are in the state statutes and courts. For background and to look up specific statutory language, see:

• Wyoming Statutes, Title 2 (Probate and related statutes): https://wyoleg.gov/statutes/compress/title02.pdf
• Wyoming Statutes, Title 34 (Real property, mortgages, and foreclosure provisions): https://wyoleg.gov/statutes/compress/title34.pdf
• Wyoming Judicial Branch – Probate general information: https://www.courts.state.wy.us/ (search “probate” on the site for local court forms and procedures)

When to get legal help

Talk to a Wyoming probate or real estate attorney if any of the following apply:

• Title is unclear or you find conflicting ownership documents.
• The estate lacks funds to pay debts and you face a threatened or pending foreclosure.
• The personal representative refuses to act and the property is at risk.
• You need a written agreement to protect payments you plan to make on a property owned by the estate.

Helpful Hints

• Check the county recorder’s office online or in person to confirm who holds title before making decisions.
• Do not assume an administrator’s appointment is required — confirm whether the property passed outside probate.
• Get all lender communications in writing. Verbal promises are hard to enforce later.
• If you pay a mortgage to save the home, require a written, signed agreement about reimbursement, ownership changes, or lien priority.
• If foreclosure papers arrive, act quickly — Wyoming foreclosure timelines can move fast and some foreclosures proceed without court action.
• Look for local legal aid or low‑cost clinics if you cannot afford an attorney; many Wyoming counties offer resources for estate and housing issues.

Disclaimer: This article is educational and informational only and does not constitute legal advice. Laws change and every situation is different. Consult a licensed Wyoming attorney to get advice tailored to your circumstances.