If my parents have passed away and there is no will, how do I go about getting family home that still has a mortgage?

UPDATED: Oct 1, 2022

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If my parents have passed away and there is no will, how do I go about getting family home that still has a mortgage?

My mom and dad have passed away and there was no will concerning the family home. There is still a mortgage on the house and the bank says they can’t do anything until there is a administrator on the house? I need to know what I can do

Asked on September 25, 2017 under Estate Planning, Michigan


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

Answered 5 years ago | Contributor

I am so sorry for your loss.  So when someone passes without a Will it is known as passing "intestate" and the intestacy laws in the state govern distribution of their assets.  A person (generally child or other family member) file to be the Administrator of the estate and Letters of Administration are issued from the Probate Court.  What are you trying to do with the house? Transferring the deed requires an Administrator be appointed. Know, though, that generally the bank can not call in a mortgage in this type of case when the heirs at law inherit.  That means you can continue to pay the mortgage on the house as it is without refinancing.  Please double check this as it pertains to the facts of your particular case.  Good luck. 

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