Connecticut: Why an Inherited House Might Not Be a Probate Asset & How to Handle Mortgage Payments

Short answer: A house may not be a probate asset because it passed outside probate (for example, by joint tenancy, tenancy by the entirety, a trust, or a beneficiary/transfer-on-death arrangement). If title already passed to a living co-owner or to a named beneficiary, that new owner is generally responsible for the mortgage and may make payments or seek refinancing without the probate administrator’s involvement. If the property remains titled only in the decedent’s name and did not pass automatically, it is likely a probate asset and the personal representative or administrator usually controls the estate property and payments.

How property can avoid probate in Connecticut

Connecticut law recognizes several ways real property can pass outside of probate. Common nonprobate ways include:

• Joint tenancy with right of survivorship — when two or more owners hold title as joint tenants, the surviving joint tenant(s) automatically owns the property at the death of one owner.
• Tenancy by the entirety — married couples often hold real estate this way; when one spouse dies, the survivor automatically owns the property.
• Revocable living trust — if the decedent placed the house into a trust and named a successor trustee, the trustee manages and distributes the house according to the trust terms outside probate.
• Transfer-on-death / beneficiary deed or other targeted-transfer device — some states let owners name a beneficiary who becomes owner outside probate when the owner dies (check whether such a deed was used).
• Property already conveyed during the decedent’s lifetime — if the decedent gave or sold the house before death, it is not part of the estate.

Resources on Connecticut probate basics: Connecticut General Statutes on probate (Title 45a) and the Connecticut Probate Court information can help explain administration procedures: Conn. Gen. Stat., Probate Court chapter (Title 45a) and Connecticut Judicial Branch — Probate.

How to tell whether the house is a probate asset

1. Check the deed at the town land records office or online. The deed will show how the decedent held title (sole owner, joint tenants, tenants by entirety, etc.).
2. Look for a trust: ask family members or the decedent’s attorney whether a revocable trust holds the property.
3. Search for a beneficiary deed or transfer-on-death designation; review bank or title company records for any recorded transfer instrument.
4. Contact the probate court where the decedent lived to see whether an estate was opened, and review the probate filings (an inventory or list of estate assets will show whether the house is listed).

Who controls mortgage payments if the property passed outside probate?

If title already passed at the decedent’s death to a surviving owner or to a named beneficiary/trustee, that person owns the property and can pay the mortgage, refinance, or otherwise act as owner. The probate administrator usually does not need to sign mortgage checks or handle the property if it is outside the estate.

If the loan is in the decedent’s name alone but title passed by survivorship, the surviving owner should promptly contact the lender to explain the situation and provide death certificate and proof of title to get the loan moved into the survivor’s name or to discuss assumption or refinance. Lenders have their own rules; they can sometimes pursue foreclosure if payments stop even where title passed outside probate, so prompt communication is critical.

What if the house is a probate asset (title still in the decedent’s name)?

When the house is part of the estate, the administrator or executor has the authority to manage estate assets, which generally includes keeping up mortgage payments to protect estate value. Without an appointed personal representative, creditors (including the mortgagee) may seek foreclosure against estate property in some circumstances. The probate court can appoint a fiduciary who can continue payments and administer the property.

Can an heir or beneficiary make mortgage payments without the administrator?

Short answer: sometimes, but there are risks.

• If the heir/beneficiary is already the legal owner (by survivorship, trust, or beneficiary designation), they may pay the mortgage directly and are strongly advised to notify the lender and provide proof of ownership.
• If the heir/beneficiary does not yet hold title (house is still in the decedent’s name and probate is required), a third party making payments can help avoid foreclosure, but doing so does not automatically give that person ownership. If you choose to pay the mortgage, get a written agreement documenting terms (is it a loan, gift, or condition for later ownership?), and consider consulting a lawyer about protecting your interests.
• Lenders may accept payment from a non-owner to keep the loan current, but they are not required to transfer the loan or change title without proper documentation and process. Continue discussions with the lender to avoid acceleration or foreclosure.

Practical steps to protect the property and avoid foreclosure

1. Immediately determine how the property is titled by obtaining the deed from the town land records.
2. Contact the mortgage lender: provide a copy of the death certificate and explain who is handling the property. Ask about options to avoid default (payment arrangements, forbearance, assumption, refinance).
3. If the property is a probate asset, consider asking the probate court to appoint a temporary administrator or conservator to maintain the property and payments while the estate is opened.
4. If you are making payments as a non-owner, get written terms and consider recording any agreement with an attorney’s help to protect yourself from disputes with other heirs or the estate.
5. Explore alternatives: selling the property quickly, short sale negotiations with the lender, or refinancing under a surviving owner’s name if possible.
6. Keep careful records of every payment and communication with the lender; save copies of checks, bank records, emails, and letters.

Hypothetical example

Jane and John owned a house as joint tenants. John dies. The deed shows Jane as surviving joint tenant, so the house passes to Jane outside probate. The mortgage, however, is in John’s name. Jane should immediately record an affidavit of survivorship or similar document at the town land records (as allowed), provide the lender with a death certificate, and ask the lender to remove any “decedent-only” roadblocks. Jane can make mortgage payments and, if necessary, refinance in her name. If instead John had been the sole owner and left the house to two children by will, the house would be a probate asset and an executor would normally handle mortgage payments and decide whether to sell or keep the property.

When to talk to an attorney

Talk to a Connecticut real estate or probate attorney when:

• Title is unclear or multiple people claim ownership.
• You are asked to make payments but want legal protection or a written agreement.
• The lender threatens foreclosure and you need to explore options (assumption, modification, short sale, or bankruptcy).
• The estate is complex, or a trust might control the property and the trustee’s duties are unclear.

Note: Connecticut probate rules and available nonprobate devices have specific procedures and filing requirements. For general probate procedures see the Connecticut Probate Court resources: https://www.jud.ct.gov/probate/. For statute text on probate matters consult the Connecticut General Assembly site for Title 45a: https://www.cga.ct.gov/current/pub/chap_815.htm.

Disclaimer

This information is for general education only and is not legal advice. It does not create an attorney-client relationship. For legal advice specific to your situation, consult a licensed Connecticut attorney.