Do I need to pay a mortgage on a house that is in probate?

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Do I need to pay a mortgage on a house that is in probate?

Asked on July 20, 2013 under Estate Planning, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am so sorry for your loss.  If the house was in the name of the decedent then the estate has the obligation to pay the mortgage and keep it current through probate - until the property is sold or transferred to the beneficiaries.  If you are the fiduciary  - executor, administrator, personal representative - of the estate then yes, you have that obligation on behalf of the estate.  Good luck.


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