Overview

This article explains why an inherited house may not be a probate asset under California law and what options exist to keep a mortgage current (or stop a foreclosure) without waiting for a personal representative or administrator. The explanation assumes no prior legal knowledge. This is educational only and is not legal advice.

Detailed answer — how title, probate, and the mortgage interact in California

1. Why some homes are not probate assets

Not every house owned by a person at death goes through probate. Property avoids probate when ownership automatically transfers on death because of how title was held or by operation of an elective device:

Joint tenancy or community property with right of survivorship: When two people own real estate as joint tenants (or community property with right of survivorship), the surviving owner automatically becomes sole owner at death. No probate is required to transfer title.
Transfer-on-death (TOD) deed: California law allows a transfer-on-death deed (a revocable “beneficiary” deed) that names the beneficiary who will receive the property when the owner dies. If properly executed, recorded, and not revoked, the deed operates at death and the property transfers outside probate. (See California Probate Code §5600 et seq.: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=5600.&lawCode=PROB)
Trust-owned property: If the decedent placed the house in a living trust, the successor trustee distributes the property according to the trust and probate is avoided.

How the property was titled at the decedent’s death determines whether the house is a probate asset. You can check title by ordering a copy of the deed from the county recorder’s office or online.

2. The mortgage stays attached to the property

Even when title passes outside probate, the mortgage or deed of trust does not disappear. Lenders have secured interests in the property. If mortgage payments stop, the lender may begin foreclosure procedures under California law (nonjudicial foreclosures are governed by Civil Code §2924: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=2924.&lawCode=CIV).

3. Who can pay the mortgage and what authority is needed?

If you are the new owner on title (survivor under joint tenancy, named TOD beneficiary, or successor trustee), you have the legal right to make payments and keep the loan current. You also assume the lender can enforce the loan against the property if you do not pay.
If the house is a probate asset (owned individually by the decedent and passing through probate), only the personal representative (executor/administrator) has statutory authority to use estate funds to pay debts, including mortgage payments, unless a court authorizes someone else. California courts and the probate code set out the duties and powers of the personal representative; for practical guidance see the California Courts probate self-help pages: https://www.courts.ca.gov/selfhelp-probate.htm
If you are a beneficiary but not on title, you may still make voluntary payments to the lender to protect your future interest. However, unless the personal representative agrees (or a court orders reimbursement), you may not be automatically repaid from estate funds. If you advance funds, get written agreements where possible and keep detailed records.

4. Practical steps to avoid foreclosure

Whether you are the owner or not, take these practical steps immediately if payments are at risk:

Confirm who holds title. Get a copy of the recorded deed at the county recorder to see whether you are the owner, a joint tenant, a TOD beneficiary, or if the property is still in the decedent’s name.
Notify the lender and supply the death certificate. Lenders need a death certificate and may give options (forbearance, loan modification, or assumption). Contact the lender’s loss-mitigation department early.
Ask about assumption or modification. Some loans are assumable; others can be modified or placed in forbearance. The lender will explain available programs.
If you are on title, keep paying. Continuing mortgage payments preserves the property and avoids foreclosure. If you cannot afford full payments, ask the lender about short-term forbearance or repayment plans.
If the property is in probate, talk to the personal representative. The representative controls estate funds. Ask that they use estate assets to pay the mortgage, or ask the court for permission if needed.
Consider advancing payments with a written agreement. Beneficiaries sometimes lend money to the estate or agree to pay the mortgage. Get a written agreement about repayment or lien security before doing so.
Explore sale options. If keeping the property is impractical, a short sale or deed-in-lieu of foreclosure may be alternatives; discuss with the lender.
Get legal help when stakes are high. If the lender starts foreclosure or if there’s a title dispute, consult a California attorney who handles real estate or probate matters.

5. Example (hypothetical)

Mary and her mother owned a house as joint tenants. The mother died and Mary became sole owner by operation of law. The mortgage remained. Mary is not an administrator of an estate because the home did not go through probate; she can make mortgage payments herself and speak directly with the lender about options. If instead the house had been owned solely by the mother with no TOD deed and no joint tenant, the property would likely be a probate asset and the executor of the estate would have authority to manage mortgage payments.

6. Foreclosure timeline in California

California commonly uses nonjudicial foreclosure procedures; the lender can issue a notice of default and later a notice of sale. Statutory requirements apply (see Civil Code §2924: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=2924.&lawCode=CIV). Respond promptly to notices and enlist help; delays can limit your options.

Helpful hints

Do not ignore foreclosure notices — timely action preserves options.
Ask the lender for written confirmation of any agreement (forbearance, modification, assumption).
Keep copies of all communications, payments, and the decedent’s death certificate.
If you pay mortgage payments voluntarily, get a signed written agreement about repayment or security from the personal representative or the other beneficiaries.
Confirm title by checking the county recorder’s records before relying on your understanding of ownership.
Look into whether a transfer-on-death deed was recorded (California Probate Code §5600 et seq.: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=5600.&lawCode=PROB).
Use government consumer resources for mortgage help: Consumer Financial Protection Bureau guidance on what happens to a mortgage after the borrower dies: https://www.consumerfinance.gov/ask-cfpb/what-happens-to-a-mortgage-when-the-mortgage-holder-dies-en-1791/
If the situation is complex (multiple heirs, disputes, or imminent sale), consult a California attorney experienced in probate and real estate.

Disclaimer: This is general information about California law and is not legal advice. Laws change and facts matter. For advice about a specific situation, consult a licensed California attorney.