Can you recover mortgage payments you made to protect estate property?

Short answer: Sometimes. If you paid mortgage or other necessary expenses to preserve estate property, you may be able to recover those payments from the estate or from the property sale, but recovery depends on your role (personal representative vs. a private party), documentation, timing, and whether the court approves reimbursement.

How Alaska law treats payments made to preserve estate property

Under Alaska probate practice, reasonable and necessary expenses of administration generally get paid from the estate before distributions to beneficiaries. That means if the personal representative (formerly called executor or administrator) pays mortgage, insurance, repairs, taxes, or other costs that protect estate assets, the estate typically reimburses those administration expenses. For basic information about probate practice in Alaska, see Alaska Statutes covering probate and related rules: Alaska Statutes Title 13 (Probate, Trusts, and Protective Proceedings) and the Alaska Court System probate self-help materials: Alaska Courts — Probate.

Personal representative vs. individual outside probate

If you are the personal representative: You generally may pay necessary expenses to preserve the estate and later seek reimbursement through the estate accounting or by court order. Keep records and ask the court to approve large or disputed expenses.
If you are a beneficiary, heir, or third party: You can seek reimbursement, but recovery is not automatic. You should present your claim to the personal representative and, if needed, file a creditor or administrative claim in the probate proceeding. The court will evaluate whether your payments were reasonable, necessary, and properly documented.

Mortgage lender’s priority

A mortgage lender’s lien on the property remains superior to claims for reimbursement. That means if the mortgage is unpaid and the lender enforces its lien (foreclosure or sale), lender claims will usually be paid from proceeds before reimbursement to others. Reimbursement claims typically come out of remaining estate assets or sale proceeds after secured creditors are satisfied.

What you must prove to get reimbursed

The probate court will look for:

Proof you actually paid the mortgage or other preservation expense (cancelled checks, bank statements, receipts).
A clear connection showing payments were reasonable and necessary to preserve the estate property (to prevent foreclosure, maintain marketability, protect value).
Evidence you either obtained authorization from the personal representative or asked the personal representative to act and they failed to do so.
Timeliness — you should present the claim promptly after payments were made and within any deadlines for filing claims in the probate case.

How reimbursement typically works in practice

Document every payment: date, amount, purpose, and proof of payment.
Notify the personal representative (or, if none, petition the court to open administration) and present your request for reimbursement.
If the personal representative refuses, file a formal claim with the probate court. The court can hold a hearing and decide whether to allow reimbursement.
If the estate sells the property, the court can order payment of approved administrative expenses from sale proceeds after secured creditors are paid.
If your payments created an equitable lien or subrogation right (fact-specific), ask the court to recognize that interest so recovery can come from sale proceeds or remaining estate assets.

Potential outcomes and limitations

If the court approves your claim, the estate will pay you from available estate funds or from sale proceeds after creditors.
If the mortgage lender forecloses before repayment, you may recover only what remains after the lender is paid, unless the court recognizes an equitable priority for your payments (rare and fact-specific).
If you acted without authorization and the payment wasn’t necessary, the court may deny reimbursement.
The personal representative must include approved reimbursements in the estate accounting and may be personally liable for failing to preserve value when required.

Practical steps to protect your chance of reimbursement

Follow these steps before and after you make payments intended to preserve estate property:

Get written authorization from the personal representative or a court order before making large payments.
Keep complete, clear records of every payment and the reason (insolvency risk, pending sale, foreclosure deadline).
Ask the personal representative to pay when possible; that keeps your claim formal and easier to approve.
If you already paid, present a written claim promptly to the personal representative and file the claim in probate if necessary.
Consider asking the court for a declaratory order or permission when facts are uncertain or when payments are contested.

When to get legal help

If the estate has limited assets, a mortgage or foreclosure is imminent, or the personal representative disputes your claim, consult an attorney familiar with Alaska probate and real estate. An attorney can help you file claims correctly, seek court approval, and argue for equitable relief if appropriate.

Relevant Alaska resources and statutes

Alaska Statutes, Title 13 — Probate, Trusts, and Protective Proceedings (general statutory framework for estate administration): https://www.akleg.gov/basis/statutes.php?title=13
Alaska Court System — Probate self-help and forms (practical steps for filing and claims): https://courts.alaska.gov/shc/probate.htm

Disclaimer

This is general information about Alaska probate practice and is not legal advice. It does not create an attorney-client relationship. For advice about your specific situation, consult a licensed Alaska attorney.

Helpful Hints

Always get approvals in writing. A court order or written authorization from the personal representative makes reimbursement much easier.
Keep original receipts and bank records. Photocopies alone are less persuasive.
Act quickly. Probate timelines and creditor notice periods can limit your rights.
If foreclosure is looming, ask the court for emergency relief—courts can prioritize preservation when delay would cause loss.
Remember secured creditors (mortgages) are paid before administrative reimbursements from sale proceeds; document why your payments preserved value beyond the mortgage holder’s interest.
If you expect to pay ongoing expenses, consider asking the court to appoint you as temporary custodian or to give written authority beforehand.