Detailed answer — how it works in Alaska

Below is a plain‑language, step‑by‑step explanation based on common facts: your father owned a home in Alaska, he had a mortgage in his name, and he has died. You are an adult child who wants the house and to continue the mortgage payments.

1. Determine how title to the house passes

Who becomes the owner first controls whether you can take on the mortgage. Common ways title passes at death:

• Joint ownership with right of survivorship: If your father owned the house jointly (for example, joint tenants) it may pass automatically to the surviving owner(s). Lenders typically need a death certificate and proof of title transfer.
• Transfer‑on‑death or beneficiary deed: Some states allow deeds that transfer at death. If such a deed exists, the named beneficiary becomes owner after recording the required affidavit and death certificate.
• Probate/intestacy: If the house was in your father’s sole name and there is no automatic transfer, the estate must transfer title via probate (formal administration or a summary/small‑estate process) before anyone else holds legal title.

In Alaska, the probate process and related rules are part of the state probate statutes. See Alaska Statutes, Title 13 (Probate) for the governing law: https://www.akleg.gov/basis/statutes.asp#13.

2. Get legal title (if you don’t already have it)

If title did not pass automatically, you must be appointed personal representative (executor/administrator) or otherwise obtain authority to transfer title. Alaska courts handle probate matters; the Alaska Court System provides probate information: https://courts.alaska.gov/shc/probate.htm.

3. Notify the mortgage servicer and provide documents

Once you have proof of death and proof of your authority or ownership (death certificate, recorded deed, letters testamentary/administration, small‑estate affidavit if applicable), notify the mortgage servicer. Provide:

• Certified death certificate
• Copy of the recorded deed or probate documents showing you have title or authority
• Current mortgage account number and recent statement

4. Ask the lender about your options

Typical lender options include:

• Loan assumption — the lender transfers the mortgage obligation into your name. Many mortgages are not assumable unless the lender agrees.
• Loan modification — the lender changes loan terms (rate, payments) under a workout or hardship program.
• Refinance — you apply for a new loan in your own name to pay off the existing mortgage.
• Continue making payments without transferring the loan — if you have legal title, you can keep paying the existing mortgage, but the lender may require proof of ownership and periodically confirm payment responsibility.

Note: Lenders frequently require a credit check and underwriting for assumption or refinance. If you cannot qualify on your own, options narrow and the estate may need to sell the home to pay the mortgage.

5. Federal protection against immediate enforcement of due‑on‑sale clauses in some death transfers

The Garn‑St. Germain Act (federal law) limits a lender’s ability to invoke a due‑on‑sale clause for certain transfers, including transfers by reason of the borrower’s death to a relative. That federal law can make it harder for a lender to demand full loan payment merely because ownership changed at death. See 12 U.S.C. §1701j‑3: https://www.law.cornell.edu/uscode/text/12/1701j-3.

6. If you get title but can’t or won’t take the mortgage

If you inherit the home but cannot qualify or do not want the loan, common outcomes include

• Sell the house and pay off the mortgage from sale proceeds
• Deed the house back to the lender (deed in lieu of foreclosure) if lender agrees
• Allow the lender to foreclose if payments lapse—this harms credit and is often a last resort

Practical timeline and documents to gather

• Death certificate(s)
• Original or certified copy of the will (if any)
• Deed to the property
• Mortgage note and statements
• Contact information for the mortgage servicer
• Any beneficiary deed or transfer‑on‑death forms

Get these documents quickly; they speed title transfer and communications with the lender.

Where Alaska law comes into play

Alaska’s probate statutes govern how property passes from a decedent to heirs or beneficiaries. See Alaska Statutes, Title 13 (Probate) for rules on formal and summary administration, appointment of personal representatives, and distribution of assets: https://www.akleg.gov/basis/statutes.asp#13. Alaska real property statutes appear in Title 34 (Real Property): https://www.akleg.gov/basis/statutes.asp#34.

If you need to start probate or a small‑estate proceeding in Alaska, review the Alaska Court System probate pages or speak with the court clerk for forms and filing procedures: https://courts.alaska.gov/shc/probate.htm.

Helpful hints

• Contact the mortgage servicer early and calmly. Ask what paperwork they require and whether they allow assumptions.
• Obtain multiple certified copies of the death certificate—lenders and title companies will request them.
• Check whether the property passed automatically (joint tenancy or beneficiary deed). That avoids probate delays.
• If the mortgage balance is small relative to the home’s value, a refinance might be easy; if the estate lacks cash, selling can be the practical choice.
• Keep paying the mortgage while you sort title. Missing payments can trigger default or foreclosure, even during probate.
• Beware of scams and high‑fee “quick transfer” services that promise to take over loans. Work directly with the lender and the court.
• If the mortgage servicer grants a loan assumption, get the agreement in writing and make sure the deed is recorded in your name.
• If you are the personal representative, keep detailed records of estate receipts and payments—this protects you from future claims by heirs.

Where to get help: contact the Alaska Court System for probate forms and procedures, your mortgage servicer for loan options, and consider legal help for complex estates or disputes.

Disclaimer: This article provides general information about Alaska law and is not legal advice. For advice about your specific situation, consult a licensed attorney in Alaska or your local court.