Short answer

In Alabama, a house is not part of a decedent’s probate estate when ownership passes immediately at death by operation of law (for example, joint tenancy or tenancy by the entirety, a recorded transfer-on-death/beneficiary deed, or because it was held in a revocable trust). If the property did pass outside probate, you usually become the owner automatically and can communicate with the mortgage company about payments or an assumption. If the property is still part of the probate estate (title remains in the decedent’s name), the court-appointed personal representative/administrator normally has the legal authority to manage estate property and pay debts. You may be able to make voluntary mortgage payments to prevent foreclosure, but doing so has risks and limits unless the personal representative or the court authorizes you or the lender accepts payments from you.

How Alabama treats property at death (probate vs. nonprobate)

To decide whether the house is a probate asset, ask: who owned the house on the date of death and how was it titled? Common ways a house will NOT be part of probate in Alabama:

Joint tenancy with right of survivorship or tenancy by the entirety — the surviving owner(s) automatically own the property at death.
Property held in a revocable living trust — the trust controls the transfer, not probate.
Transfer-on-death (beneficiary) deed or other valid beneficiary designation that was in effect at death.
Property subject to a valid contract or instrument that operates outside probate (e.g., certain IRA/retirement accounts or life insurance proceeds paid to a named beneficiary — note: these are not real property, but the same idea of nonprobate transfer applies).

If title stayed solely in the decedent’s name and no valid nonprobate device applied, the house is likely a probate asset and must be handled through probate administration.

Where to confirm: deeds, title, and probate records

Check the county land records (deed) for how the property is titled. If a deed shows joint tenants with right of survivorship, tenancy by the entirety, or a recorded beneficiary deed/trust deed, the property likely passed outside probate. If the deed is in the decedent’s name alone and there is no trust or beneficiary deed, the property is probably a probate asset and the probate court will control administration.

Authority to manage the property during probate

When an estate goes into probate, Alabama law vests the court-appointed personal representative (sometimes called administrator or executor) with authority to collect assets, pay debts, and manage estate property. That means the representative is usually the person who should make mortgage payments or negotiate with the lender on behalf of the estate unless the court permits someone else to act.

Under Alabama probate procedures, the personal representative obtains letters testamentary or letters of administration (court-issued documents showing the representative’s authority). Lenders commonly ask to see these letters before recognizing the representative’s authority to act for the estate.

(For an overview of Alabama probate law, see the Code of Alabama (Title on wills, trusts, and fiduciaries) available through the Alabama legislative website: https://www.legislature.state.al.us/)

Can you personally make mortgage payments to avoid foreclosure?

Short answer: maybe — but important qualifications apply.

Scenarios and practical effects:

If the house passed outside probate and title is already in your name: contact the mortgage servicer. You are an owner and can make payments, discuss loan assumption, modification, or short-term forbearance. Ask for written confirmation if the lender agrees to accept your payments.
If the house is still in the decedent’s name and the estate is in probate: the personal representative has authority. You can make voluntary payments yourself, and many lenders will accept payments from relatives, but lenders may refuse unless they recognize your legal interest. Voluntary payments can stop foreclosure in the short term, but they do not give you ownership or legal authority unless the court or the representative gives you that authority.
If you pay the mortgage without authorization: you may have a claim against the estate for reimbursement or an equitable lien in some circumstances, but that claim is not guaranteed and may be subordinate to other estate claims. Getting the court or the administrator to approve payments (or to appoint you as a caretaker/temporary manager with authority) is much safer.

Practical steps to protect the house from foreclosure

Confirm title: get a copy of the deed from the county recorder’s office so you know whether the property passed outside probate.
Contact the mortgage servicer immediately: tell them the borrower died, ask for the lender’s loss‑mitigation options, and ask whether they will accept payments from you while the estate is resolved. Get any agreement in writing.
Talk to the personal representative or file for appointment if no one has been named: if there is a will, the named executor can be appointed; if there is no will, an administrator is appointed by the probate court. The representative can make payments, negotiate with the lender, or seek court authority to sell the property if needed.
If you make payments, document everything: date and amount of each payment, who you paid, and get receipts. Keep all correspondence with the lender and the estate representative.
Consider temporary court authority: if the administrator is uncooperative or unavailable and the property faces imminent foreclosure, you (or someone else with an interest) can ask the probate court for limited authority to preserve estate property (emergency relief varies by county and judge).
Get legal advice from an Alabama attorney experienced in probate and real estate: an attorney can advise whether you should ask the court to appoint you administrator, request emergency authority, or negotiate a loan assumption or modification.

Timing and foreclosure process in Alabama

Alabama’s foreclosure procedures depend on the mortgage or deed of trust terms (judicial foreclosure vs. power-of-sale nonjudicial foreclosure). Nonjudicial foreclosures (power of sale) can move quickly once notices are given; judicial foreclosures require a court action and generally take longer. Because timelines vary, act immediately on any foreclosure notice and communicate with the servicer to explore options like reinstatement, loan modification, or short-term forbearance.

Common mistakes to avoid

Assuming you have authority to act without checking title or getting court authorization.
Relying on verbal promises from the lender—always get payment or forbearance agreements in writing.
Failing to document voluntary payments made to the lender; without documents, it will be harder to assert reimbursement or lien claims later.
Waiting to act—foreclosure timelines can be short and lenders expect early notice about heirs or representatives.

Where to learn more and relevant Alabama law

For a general look at the Alabama Code and probate statutes, start at the Alabama Legislature website: https://www.legislature.state.al.us/. County probate clerks can explain local filing procedures. For mortgage/foreclosure specifics, review your loan documents and contact the servicer.

Helpful Hints

Check the deed first — title on the deed decides probate vs. nonprobate in most cases.
Get Letters Testamentary or Letters of Administration if the estate is open — lenders will usually want to see them before talking to anyone else.
Call the mortgage servicer immediately after discovery of death — ask about hardship options and whether they will accept payments from a family member or heir while the estate is being administered.
If you plan to pay, use a traceable method (check or electronic transfer) and keep receipts and a paper trail.
Consider filing a simple emergency petition in probate court if foreclosure is imminent and the representative is not acting—courts can authorize emergency preservation steps.
Keep communication in writing whenever possible—emails and certified letters protect you later.
Speak with an Alabama probate or real estate attorney if the lender refuses to cooperate or if you are unsure about your rights—small short-term mistakes can cost a lot.