Estate of a decease person and Mortage loan

by Elsa
(Houston, tx)

Who inicistes the probate of the estate of a decease person? I'm the spouse, do I have to do it and how? What's gonna happen if I don't do it?
Also, the loan of our mortgage was under my husbands name. In oder for me to set up an automatic payment to be drawn from my account, the bank is asking me to go to the court and show the death certificate and say that I' resposible for this deabt and then take the document to the bank. Is this a normal procedure? It is safe for me to do this?
Am I in reask to loose my house or something?

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Feb 17, 2016
Please help me keep my mothers home
by: Anonymous

My mother passed away November 5, 2015, In Utah. She left a will leaving me everything including the house with a Mortgage (Home Equity Loan) I have been depositing money into her bank account to make the payments. I recently sent paperwork through court making me the personal representative to take care of everything.

What do I need to do or say to the bank so I can assume her mortgage? Also she has a Credit card with 10,000 of debt, I cant afford that, what do I do about that? Please help me!!

Reply from

We would really encourage you to talk with a probate attorney in Utah so you follow the proper procedures to probate her estate.

Here are some guidelines from the Consumer Financial Protection Bureau regarding what happens if you inherit a home with a mortgage.

As for the credit card debt, if there are enough assets in the estate (including home equity) to pay the debt then the creditor may (or may not) decide to pursue you for the debt that was owed.

Mar 08, 2012
Estate of a decease person and Mortage loan

If your deceased husband wrote a will then the will designated someone as his executor and that is the person who should initiate the probate process. If he did not have a will, then you should contact the probate court in your area about what to do next. Unless your husband's estate goes through some sort of legal process you will continue to have problems like the one you are having with the bank.

During probate, all of his assets will be inventoried, as many of his creditors will be paid out of those assets as possible and, whatever assets remain will be legally distributed to his beneficiaries so that they become the new owners. Because Texas is a community property state, you are legally liable for any debts he acquired during your marriage so you must continue paying them. Also, you are legally entitled to all of his remaining assets unless his will specifically designated someone else to have his share of an asset.

You are not at risk for losing your home unless you stop paying the mortgage. However, you need to make sure that the title to the home is transferred into your name. I highly recommend that you set up a meeting with an estate planning attorney or a probate law attorney in your area who can guide you through the process of what you need to do in order to get all of your legal and financial details worked out. If you don't, you will have problems. It is important that all of the assets you are entitled to are in your name now and that you be clear about the debts you are obligated to pay. For more information about what happens when someone dies, read this: deceased person’s debt FAQ.

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