Arizona: Can I Recover Mortgage Payments Made to Preserve Estate Property? | Arizona Probate

Detailed answer

Short answer: Yes—sometimes. Under Arizona probate law, payments made to preserve estate property (for example, mortgage payments to prevent foreclosure) can be reimbursable to the person who paid them, but whether you will be repaid depends on who paid, when they were paid, whether the personal representative approved the payments or the court authorized reimbursement, and whether the payments were reasonable and documented.

How this works in plain language

When a person dies, their property becomes part of the estate. The court appoints a personal representative (PR, sometimes called an executor or administrator) to collect estate assets, pay valid debts, and distribute what remains. Costs that are necessary to preserve estate property—like insurance, property taxes, repairs, or mortgage payments to stop a foreclosure—are the kinds of expenses that the estate can pay from its assets.

If you are the appointed personal representative and you make mortgage payments to preserve estate property, Arizona law generally permits reimbursement from the estate for necessary and reasonable administration expenses. If you are not the PR (for example, an heir, beneficiary, or third party) and you made payments before anyone was appointed or without court authority, you may still be able to recover, but you will usually have to:

file a formal claim against the estate, or
ask the probate court to approve payment (a petition for reimbursement), or
seek an equitable remedy such as an equitable lien or subrogation in limited cases.

Arizona law and where to look

Arizona’s probate rules and estate administration statutes are contained in Title 14 of the Arizona Revised Statutes. Those statutes set out the personal representative’s duties, what counts as an administration expense, claim procedures, and the court’s power to allow reasonable expenses of administration. See Arizona Revised Statutes, Title 14 (Probate and Trusts) for the controlling statutory framework: https://www.azleg.gov/arsDetail/?title=14.

When reimbursement is most likely

You are the personal representative: Reimbursement is normally handled as part of the estate’s administration. You document the payments in the estate accounting and request approval from the probate court or include them in the final distribution calculation. Courts generally allow necessary and reasonable expenses of administration.
You made payments with court or PR authorization: If the PR or the court authorized the payments in advance (for example, to stop a foreclosure), reimbursement is likely.
Payments prevented loss or preserved value: Payments that demonstrably prevented a foreclosure or materially preserved estate value are more likely to be approved than voluntary payments that did not affect the estate’s condition.

When reimbursement is less likely

You paid voluntarily and without approval: If an heir or other person made payments without authorization and those payments were not necessary, the court may refuse reimbursement.
Payments were unreasonable or excessive: The court will examine whether the payments were reasonable for preserving the estate. Unnecessary or excessive payments may be denied.
Priority or lien issues: A mortgagee or other secured creditor may have priority. Making payments does not always change the creditor’s rights unless the court orders otherwise or a subrogation/lien is recognized.

What you should do (step-by-step)

Gather documentation: keep canceled checks, bank statements, lender receipts, payoff statements, correspondence with the lender, and any notices of default or foreclosure.
If there is a PR: promptly notify them, present the documentation, and ask the PR to include the payments as administration expenses or to petition the court for approval.
If there is no PR or the PR won’t act: you can file a written claim against the estate or file a petition with the probate court asking for an order allowing reimbursement or granting an equitable lien. The local probate clerk or a probate attorney can explain the correct forms and timeline in your county.
Explain why the payments were necessary: say whether you paid to stop an imminent foreclosure, to maintain insurance, or to protect the estate’s marketability. The court will consider necessity and reasonableness.
File promptly: probate has deadlines for presenting claims and for court approval of administration decisions. Don’t wait until distribution is complete if you want to be repaid.
Consider legal help: if the estate is contested, the PR refuses to reimburse, or the mortgage company has taken action, consult a probate attorney to evaluate whether you have an allowable claim, an equitable lien, or another remedy.

Possible legal outcomes

The probate court allows the payments as an administration expense and orders reimbursement from estate funds.
The court denies reimbursement because the payments were voluntary, unnecessary, or unsupported by proof.
The court recognizes an equitable remedy (lien or subrogation) in narrow cases and grants repayment priority over some other distributions.
You are treated as an unsecured creditor and paid only from remaining estate assets after higher-priority claims are satisfied.

Where to find forms and additional information

For statute reference and the rules that govern claims and administration, start with Arizona Revised Statutes, Title 14: https://www.azleg.gov/arsDetail/?title=14. For practical probate forms and local procedures, check the Arizona Judicial Branch or your county probate court website: https://www.azcourts.gov/.

Common fact patterns (hypotheticals)

1) A beneficiary makes three months of mortgage payments after the decedent dies to stop a foreclosure before anyone is appointed PR. After appointment, the beneficiary submits receipts and asks for reimbursement. The court may allow reimbursement if the payments were necessary and reasonable and if the beneficiary files a claim or the PR agrees.

2) A neighbor pays the mortgage for several years without PR approval and without pursuing reimbursement promptly. The court may find those payments voluntary and deny reimbursement.

3) The personal representative pays mortgage payments as part of estate administration; those payments are typically approved as administration expenses and repaid from estate funds.

Takeaway

If you paid mortgage payments to preserve estate property in Arizona, you may be able to recover those payments from the estate—especially if you are the personal representative or if the payments were necessary, reasonable, well-documented, and approved by the PR or the court. Act quickly: keep records, notify the personal representative, and either present a claim or ask the probate court to approve repayment. If the situation is contested or complex (foreclosure, competing creditors, disputes among heirs), talk with a probate attorney about the best path.

Helpful Hints

Keep every receipt, canceled check, and lender statement showing the payments and how they affected the loan balance.
Notify the personal representative (if appointed) immediately and provide copies of documentation.
File a written claim against the estate if the PR will not cooperate or if no PR is appointed yet.
Ask the court for approval of reimbursement when in doubt—court authorization is the safest route to repayment.
Remember secured creditors (like a mortgage lender) have priority; paying the mortgage does not automatically erase lien rights unless the lienholder agrees or the court orders otherwise.
Don’t assume informal promises from other heirs or beneficiaries are enough—get a court order if possible.
Look up Title 14 of the Arizona Revised Statutes for rules about administration and claims: https://www.azleg.gov/arsDetail/?title=14.
If foreclosure is imminent, contact a probate attorney promptly; timing can be critical to saving the property and obtaining reimbursement.

Disclaimer: This article is for general information only and is not legal advice. It does not create an attorney–client relationship. For advice about a specific situation, consult a licensed probate attorney in Arizona.