Detailed Answer

When someone dies in Arkansas and their estate goes through probate, the obligations tied to real property (like a mortgage) and ongoing services (like utilities) continue to exist. Probate does not automatically pause mortgage payments or utility bills. The duties to manage those obligations generally fall to the personal representative (sometimes called an executor or administrator) appointed by the will or by the probate court.

Who is responsible for the mortgage while the estate is in probate?

The mortgage is a secured debt attached to the property. The bank or mortgage holder keeps a lien on the home even after the borrower dies. The personal representative must protect estate assets and typically has these options:

• Keep the property in the estate and use estate funds to make mortgage payments while probate proceeds.
• Transfer the property to a beneficiary who agrees to keep making payments or who can assume or refinance the loan.
• Sell the property (through probate or with court approval if required) to pay off the mortgage and other creditors.

If mortgage payments stop, the lender can pursue its remedies (late fees, foreclosure) against the property. That risk does not disappear because the estate is in probate. Contacting the lender quickly to explain the situation can often prevent accelerated collection activity or lead to temporary forbearance or other arrangements.

How are utilities handled during probate?

Utilities (electricity, water, gas, phone, trash, etc.) are contract obligations. If they are not paid, providers may disconnect service. The personal representative should act promptly to:

• Ensure necessary utilities remain on to protect the property (heat in winter, water to prevent frozen pipes, etc.).
• Inform utility companies of the owner’s death and provide contact information for the personal representative.
• Pay utilities from estate funds when appropriate or arrange for transfer of service to a beneficiary or caretaker.

Use of estate funds and priority of debts

The personal representative must identify and pay the estate’s valid debts using estate assets before distributing property to beneficiaries. Secured debts (like a mortgage) are generally paid out of the collateral (the house) or by using estate cash if the representative chooses to keep the property. Because rules about creditor priority and required notices can be technical, representatives usually follow a structured claims process under probate court supervision.

Sale of property and court approval

Selling estate real property is a common way to pay secured debts and close an estate. In many Arkansas probate cases the personal representative must either have authority in the will or obtain court approval to sell real estate. The sale proceeds can then pay the mortgage and other claims. If you plan to sell, talk to the probate clerk or an attorney about the specific steps the court requires.

Practical risks and timing

Lenders typically have timelines for delinquency and foreclosure. Timing varies by lender and loan terms. Utilities may be disconnected after a relatively short unpaid period. Because the probate process can take months (or longer if there are disputes), early action matters: notify creditors and service providers, secure the property, and consider short-term payments from estate funds to avoid damage or foreclosure while you decide how to proceed.

Where to find Arkansas probate resources

For basic court information and local probate procedures, see the Arkansas Judiciary’s resources on probate and circuit courts at: https://www.arcourts.gov/courts/circuit-court/probate.

Helpful Hints

• As soon as possible, locate the death certificate, the decedent’s will (if any), and any mortgage or loan paperwork.
• Notify the mortgage lender and utility companies immediately. Ask what documentation they require and whether they offer short-term accommodation for estates.
• Keep utilities on if needed to prevent damage (frozen pipes, mold, pests). Consider paying a minimal amount if estate funds exist or a survivor can front the cost with a written agreement for reimbursement from the estate.
• Check for an escrow account (mortgage escrow may pay taxes and insurance). If present, the escrow may cover some payments while probate proceeds.
• Do not mix personal funds with estate funds. The personal representative should keep a clear accounting of estate transactions and preserve receipts.
• If selling the house, plan for court approval if the will does not give express authority to sell real property.
• Consult a probate attorney early if there is any risk of foreclosure, unpaid taxes, contested heirs, or if large estate assets are involved.
• Look for life insurance, beneficiary-designated accounts, or transfer-on-death designations that may avoid probate and help cover ongoing costs.
• If you need general consumer guidance, the Arkansas Attorney General’s consumer protection office can be helpful: https://arkansasag.gov/.