Short Answer

Often yes — payments you make to keep an estate property from being lost to foreclosure or deterioration can be reimbursable under Delaware probate rules, but reimbursement depends on your role (personal representative vs. a private third party), whether the payments were reasonable and necessary, and whether the court approved the payments or later allows them as administration expenses or a claim against the estate.

Detailed Answer — How Delaware law treats mortgage payments made to preserve estate property

Delaware probate and estate administration are governed by Title 12 of the Delaware Code. General rules allow the estate to pay reasonable and necessary expenses of administration before distributions to beneficiaries. See the Delaware Code (Title 12) for the statutory framework: https://delcode.delaware.gov/title12/.

Who is most likely to be reimbursed?

Personal representative (executor or administrator). If you are the court-appointed personal representative, you generally may pay mortgage installments to preserve estate property as part of your administrative duties. These are typically treated as administration expenses and paid from estate assets before distributions. You should keep detailed records and, if the payments are large or disputed, seek court approval in advance or authorization on the record.
Beneficiary or third party who paid from personal funds. If you are a beneficiary or a third party who paid mortgage payments to prevent loss of the property, you can often seek reimbursement from the estate. Remedies include filing a claim against the estate, asking the court for allowance as an administration expense, or asking for equitable relief such as subrogation to the mortgage or an equitable lien. The court will consider whether the payments were necessary and who primarily benefited.
Person living in the property or otherwise personally benefiting. If the payer personally benefited from the payments (for example, lived in the property rent-free), the court may reduce or deny reimbursement and may treat the payments as a gift or require an accounting between parties. Expect a tighter standard when the payer benefits privately.

Key legal principles applied by Delaware courts

Administration expenses that are reasonable, necessary, and incurred to preserve estate assets are generally paid from the estate before distribution to heirs or beneficiaries.
Personal representatives have fiduciary duties to act in the estate’s best interest. Large or contested actions (for instance, substantial mortgage payments, refinancing, sale, or incurring new debt) often require court approval or at least notice to interested persons.
A third party who pays the mortgage may be entitled to reimbursement by way of an allowed creditor claim, subrogation to the mortgagee’s rights (to the extent payments reduced the mortgage), or an equitable lien, depending on the facts and court discretion.

Typical steps to protect your reimbursement rights

Confirm your role: Do you have letters testamentary or letters of administration? If so, you are the personal representative and have clearer authority to act.
Document every payment: save canceled checks, bank statements, payment receipts, mortgage account statements showing balance before and after your payments, and communications with the mortgage lender.
Notify beneficiaries and creditors: inform interested parties and the probate court of payments and actions taken to preserve the property.
Seek court approval if the payments are large, if the estate is insolvent, or if beneficiaries object. A court order confirming authority to pay or to permit reimbursement reduces later disputes.
If you are not the personal representative, file a formal claim in the probate case for reimbursement or file a petition asking the court to allow your claim as an administration expense or to grant an equitable remedy (subrogation or lien).
Include the payments in the estate accounting where required. The court will review reasonableness and necessity before authorizing payment out of estate assets.

Practical examples (hypothetical facts)

Example 1 — Personal representative: Jane is the appointed personal representative. Mortgage payments were due after the decedent died. Jane pays the mortgage from the estate checking account to avoid foreclosure. At accounting, the court allows those payments as administration expenses and pays Jane (or the estate pays the mortgage directly) before distributions.

Example 2 — Beneficiary who paid: Tom, a beneficiary, pays three months of mortgage to stop a pending foreclosure while the estate opens probate. He files a claim in probate with receipts and asks the court to allow reimbursement. If the court finds the payments reasonable and necessary for estate preservation, it may allow reimbursement or grant Tom subrogation to the lender’s rights to the extent of his payments.

Example 3 — Payer who benefited personally: Maria, who moved into the property rent-free, pays mortgage payments and then seeks reimbursement. The court may reduce reimbursement to reflect Maria’s personal benefit or deny reimbursement if the payments mainly benefited her personally.

What if the estate is insolvent or the mortgage lender forecloses?

If estate assets are insufficient, secured creditors (the mortgage lender) have priority as to the secured property. Your reimbursement claim will be evaluated in that context.
If foreclosure is imminent, prompt court action (motion for temporary relief or agreed cure with the lender) may preserve rights. Paying to stop foreclosure can preserve estate value, but you should document necessity and seek quick court guidance.

Where to look in Delaware law

Delaware’s probate and administration rules are located in Title 12 of the Delaware Code, which sets the legal framework for administration expenses, fiduciary duties, claims against estates, and probate procedures: https://delcode.delaware.gov/title12/. For procedural rules and local practice, consult the Register of Wills or the court that handled the decedent’s probate matter.

Helpful Hints

Keep meticulous records: receipts, cancelled checks, mortgage statements, and a running ledger of payments.
If you are the personal representative, get authority in writing (letters testamentary/administration) before making major payments or changes.
When in doubt, ask the probate court for an interim order authorizing payment or approving reimbursement — that prevents later disputes.
Speak with a Delaware probate attorney early if the mortgage payments are large, the estate is near insolvency, or beneficiaries disagree.
If you are a third-party payer, preserve evidence that payments were necessary to preserve estate value and that you were acting for the estate’s benefit, not primarily your own.
Be aware that reimbursement may be reduced if you personally benefited from the payments.
File an accounting or a claim in the probate case to assert your right to reimbursement; unpaid claims may be lost once the estate distributes assets.

Next steps

Gather your documents (proof of payments, mortgage statements, and any letters showing your authority). If possible, contact the probate court handling the decedent’s estate to learn the local procedure for filing a reimbursement claim or asking for court approval. Consider consulting a Delaware probate attorney to prepare and present a petition or claim so you preserve your rights and comply with statutory procedures.

Disclaimer: This article explains general principles of Delaware probate law and is for educational purposes only. It is not legal advice. For advice about a specific situation, consult a licensed attorney in Delaware.