Detailed Answer

Short answer: An inherited house is not a probate asset if ownership already passed by a non‑probate mechanism (for example, a beneficiary deed, joint tenancy with right of survivorship, trust ownership, or a properly created life estate). Even when title passes outside probate, any mortgage attached to the property remains a lien on the house. If you already own the property (title shows your name), you may make mortgage payments to avoid foreclosure. If title has not yet passed and the estate is in probate, the personal representative (administrator or executor) usually controls estate funds and property decisions. In all cases, contact the lender immediately and get help from an Arizona probate or real estate attorney when possible.

1. Why a house might not be a probate asset under Arizona law

Property avoids probate when the decedent named a way for ownership to pass automatically at death. Common nonprobate methods include:

• Beneficiary deed / transfer-on-death deed — a deed that names a beneficiary who receives title automatically on the owner’s death. (See Arizona property statutes in Title 33: ARS Title 33 (Real Property).)
• Joint tenancy with right of survivorship — when two or more people hold property as joint tenants, the surviving joint tenant typically becomes sole owner at death without probate.
• Trust ownership — property held in a living trust passes under trust terms, not through probate.
• Payable-on-death or transfer arrangements for certain assets — bank accounts or securities with designated beneficiaries bypass probate; similar principles apply to some real‑property transfer devices.

If one of those mechanisms is in place, the house will not be part of the decedent’s probate estate and a probate court case is usually unnecessary to transfer title. When in doubt, search the county recorder’s records for a beneficiary deed, trust-related deeds, or deeds showing joint tenancy.

2. Mortgages and liens survive death

Even when title passes outside probate, the mortgage lien remains attached to the property. The lender’s right to collect payments or initiate foreclosure does not automatically disappear because the owner died. You should assume that the mortgage must be paid by whoever owns the property or the property risks foreclosure.

3. Can you make payments without the administrator’s help?

It depends on the status of title and the lender’s policies:

• If title already passed to you (for example, by beneficiary deed or as surviving joint tenant or pursuant to a trust), you own the property and can make payments, apply for a loan modification, or ask the lender about assuming the mortgage. Get a recorded deed or trustee/trust documents showing ownership before relying on that status.
• If title has not passed and the house is still in the decedent’s name and part of a probate estate, the personal representative typically has legal authority to manage estate property, including making mortgage payments. An heir can sometimes make payments out of personal funds, but doing so does not change formal ownership or guarantee that the lender will treat you as having authority to act on the loan. If you make payments, document them and get written confirmation from the lender that payments will be accepted and applied.
• If the mortgage requires formal assumption or the lender invokes a due‑on‑sale or acceleration clause, simply paying the mortgage may not be enough to stop acceleration or foreclosure. Lenders can require the loan to be paid in full when ownership transfers, although many lenders negotiate with heirs to avoid foreclosure.

4. Practical steps to avoid foreclosure

Act quickly. Typical useful steps include:

1. Confirm ownership: check the county recorder’s office for the deed and any beneficiary deed or joint‑owner notation.
2. Get documents: obtain a copy of the decedent’s death certificate and any loan statements or mortgage documents.
3. Call the lender: explain the situation, ask whether the loan is current, and ask what options exist (reinstatement, forbearance, loan modification, assumption, short sale, or deed in lieu).
4. Request written agreements: if you agree to make payments or the lender agrees to postpone foreclosure, get that in writing from the lender and keep proof of all payments.
5. Consider probate or an affidavit: if the property is small or the estate qualifies for simplified procedures, filing probate or a small‑estate affidavit may be necessary to obtain authority to act on behalf of the estate. See Arizona probate statutes and procedures: ARS Title 14 (Probate).
6. Seek legal help: talk with a real estate or probate attorney if the lender refuses reasonable options or if ownership is unclear.

5. Timeline and urgency in Arizona

Foreclosure timelines vary by lender and loan terms. In Arizona many foreclosures are non‑judicial and can move quickly once the lender accelerates and schedules a trustee’s sale. Because timelines can be short, make contact with the lender immediately and record all communications. If a sale is scheduled, get an attorney right away to explore options such as reinstatement or temporary injunctive relief.

6. When to involve the estate’s personal representative

If the house is part of the probate estate, the personal representative has statutory duties and authority to manage estate assets, including paying necessary bills. If an heir pays mortgage payments personally, request written consent from the personal representative and keep receipts. If the personal representative refuses to act and the estate is suffering prejudice (for example, imminent foreclosure), a court petition to compel action or to remove/replace the representative may be required.

Helpful Hints

• Search the county recorder’s office online or in person for deeds showing beneficiary designations or joint tenancy.
• Get an official copy of the death certificate; lenders usually require it to discuss the account.
• Contact the mortgage servicer immediately and ask for a point person; ask what documentation they need to stop foreclosure.
• Keep written proof of all payments you make and ask the lender for written confirmation that payments will be accepted and applied.
• Ask the lender about loan assumption, a modification, or temporary forbearance rather than unilateral payments—these can be safer and more effective.
• If ownership is unclear, consider a title search or a quiet title action to clear title issues before spending significant funds.
• If you receive foreclosure notices, save all notices and act fast — timelines can be short in Arizona non‑judicial foreclosures.
• Document any promises from the personal representative if the estate is in probate; get agreements in writing.
• Consult a licensed Arizona attorney for tailored advice about probate, real property transfer, loan assumption, or defending against foreclosure.