Detailed answer

Short answer: An inherited house can be non‑probate property if ownership passed automatically at death (for example, by joint tenancy, a living trust, or a recorded beneficiary/transfer‑on‑death mechanism). If title already passed outside of probate, the property typically is not controlled by the estate administrator and the new owner can make mortgage payments to avoid foreclosure. If the property is still part of the decedent’s probate estate (title did not automatically transfer), the personal representative usually handles mortgage matters; heirs can often make payments, but the lender may require proof of authority.

This article explains how non‑probate transfers work in Colorado, how mortgage obligations interact with those transfers, and practical steps you can take now to protect the house from foreclosure.

Important legal references: Colorado probate and property law is found in the Colorado Revised Statutes (see Title 15 for estates and Title 38 for real property). You can search the Colorado Revised Statutes at the Colorado General Assembly website: https://leg.colorado.gov/colorado-revised-statutes. For consumer foreclosure resources in Colorado see the Department of Regulatory Agencies and Colorado courts resources (searching those sites will show current guidance).

How a house can avoid probate in Colorado

• Joint ownership with right of survivorship: If the decedent owned the house as a joint tenant with right of survivorship, ownership passes automatically to the surviving joint owner(s) and generally does not go through probate.
• Trust ownership: If the decedent placed the house in a living trust and the trust names a successor trustee, the successor manages or transfers the house without probate.
• Transfer on Death (beneficiary) mechanisms: Some states allow deeds or designations that transfer real property at death; if validly recorded and available in Colorado, these can keep property out of probate.
• Designated beneficiaries or pay‑on‑death arrangements: Financial accounts and some titled assets pass by beneficiary designation and thus avoid probate; real property requires the correct recorded instrument to avoid probate.

If the property is non‑probate: who controls the mortgage?

If title already passed to you (or another beneficiary) outside probate, you are the owner on record. The mortgage remains a lien on the property, so the lender continues to expect payments from the owner. In that situation:

• You can make payments directly to the lender to avoid default and foreclosure.
• You can contact the servicer to discuss loan assumption, reinstatement, or modification in your name. Many servicers will work with the person who now owns title.
• Federal law places some limits on enforcing due‑on‑sale clauses in certain transfers at death, but requirements vary; contact the servicer to confirm whether they require loan assumption or will allow you to keep paying on the existing loan.

If the property is part of probate: who is responsible for payments?

When title did not automatically pass, the house is likely a probate asset. The personal representative (administrator or executor) has a duty to preserve estate assets. That duty generally includes making mortgage payments to preserve value.

If the estate lacks cash, the personal representative must decide whether to sell the property, seek court approval to pay obligations, or otherwise manage the asset. While the personal representative has the formal authority, heirs can:

• Offer to make mortgage payments themselves (the lender may accept payments but may also ask for authorization or a written agreement).
• Ask the personal representative to petition the probate court for authority to sell or refinance if needed to avoid foreclosure.
• Consider becoming the personal representative (if appropriate) so they can act directly on behalf of the estate.

Can you make mortgage payments without the administrator’s help?

Yes—but with caveats:

1. If you are already the record owner: You may make payments, contact the servicer for payoff and assumption options, and take other steps to protect the property.
2. If the property is in probate and title has not transferred: You can make payments out of your own funds to avoid foreclosure, but the lender may later claim the estate or the personal representative must account for those payments. To reduce future disputes, get written confirmation from the lender that it accepts payments from you and whether those payments will be credited or require documentation. Keep careful records and receipts.
3. Lender requirements: Some servicers will not accept payments from someone without documented authority, or they may require tax ID, proof of ownership, or authorization from the personal representative. Others accept payments to keep the loan current pending probate.

Bottom line: making payments can prevent foreclosure, but protect yourself with written acknowledgments from the lender and consider resolving title authority quickly.

Practical steps to protect the house right now

1. Check title at the county recorder/assessor to see whether title already transferred, whether a joint tenancy exists, or whether the house is in a trust. If you cannot access county records online, ask the mortgage servicer or a title company for a title report.
2. Contact the mortgage servicer immediately and explain the situation. Ask what they need to accept payments, whether the loan can be assumed, and whether foreclosure timelines are pending. Get names, dates, and any instructions in writing.
3. Gather key documents: death certificate, mortgage statement, deed, trust documents, will, and any beneficiary designations.
4. If probate is required and urgent, consider asking the court to appoint a personal representative quickly or file for temporary authority so someone can protect the property. Colorado probate procedures are part of the Colorado Revised Statutes (see Title 15): https://leg.colorado.gov/colorado-revised-statutes.
5. Consider stepping up as personal representative if you are an heir and willing to act — that gives you formal authority to deal with the mortgage.
6. Keep paying if you can and get written confirmation from the lender accepting your payments while title issues are resolved.
7. Explore loan workout options — reinstatement, loan modification, short sale, deed in lieu, or assumption. Most servicers prefer workout solutions to foreclosure.

When to get a lawyer

Consider talking to a Colorado attorney if:

• The lender insists on foreclosure or accelerates the loan while questions about title exist.
• Heirs and the personal representative disagree about payment responsibility or sale of the house.
• There are complicated trust or multiple beneficiary issues.
• The estate lacks funds but foreclosure threatens value.

An attorney can advise whether you should petition the probate court for authority, represent you in negotiations with the servicer, and explain Colorado‑specific timelines and statutory requirements.

Helpful hints

• Act quickly: foreclosure timelines can move faster than probate. Contact the servicer as soon as you know of the death.
• Document everything: keep copies of payments, phone logs (date, person, summary), emails, and letters.
• Get written acceptance if you make payments while title is still in the decedent’s name.
• Check the deed: joint tenancy or a recorded beneficiary deed usually avoids probate.
• Consider a title company search to confirm ownership and liens before spending significant money.
• Watch out for scams: confirm you are speaking to the actual servicer and get contact details from official statements or county records.
• Look for Colorado consumer and foreclosure resources through state agencies and courts for up‑to‑date practical guides: start at https://leg.colorado.gov/colorado-revised-statutes and the Colorado Department of Regulatory Agencies site.