Detailed Answer

Disclaimer: This is general information and not legal advice. Consult a licensed Illinois attorney about your specific situation.

If someone has been making mortgage payments to keep a decedent’s real property from being lost or damaged, Illinois law provides several paths to reimbursement — but recovery depends on who paid, how payments were made, and whether a probate estate has been opened.

Who can be reimbursed?

There are three common scenarios:

Personal representative (executor/administrator): If you are the court‑appointed personal representative and you pay mortgage or other preservation expenses on estate property, you generally can be reimbursed from estate assets as an administration expense. The Illinois Probate Act authorizes payment of reasonable expenses of administration from the estate. See the Illinois Probate Act (755 ILCS 5/) for the statutory framework: https://www.ilga.gov/legislation/ilcs/ilcs_full.asp?DocName=007550050H&ActID=2108&ChapterID=61
Heir, beneficiary, or third party who paid before appointment: If a family member, heir, or other third party paid mortgage payments before anyone was appointed personal representative, the payer can ask the probate court to allow reimbursement as an expense of administration or can assert equitable remedies (for example, an equitable lien, subrogation, or unjust enrichment) depending on the facts. The court evaluates necessity, benefit to the estate, and good faith of the payer.
Co‑owner or joint tenant: If the payer co‑owned the property (joint tenant, tenant in common), rights differ. Co‑owners often have claims for contribution or credit against the other owners, not necessarily the estate, unless the probate court orders otherwise.

When will a court allow reimbursement?

Courts commonly require these elements for reimbursement:

The payments were reasonable and necessary to preserve the estate (for example, to prevent foreclosure, protect insurance coverage, or preserve value).
The payer acted in good faith and provided proof of payment (receipts, cancelled checks, mortgage statements, lender correspondence).
The payment benefited the estate or the other interested parties.
There is an appropriate procedural vehicle in court (a petition to allow an administrative expense or a claim filed in probate).

Typical remedies and priority

Possible forms of recovery include:

Allowance as an administration expense: Reimbursement out of estate assets, often with court approval when the payer asks the representative or files a petition in the probate case.
Credit or subrogation: If the payer fully discharged a mortgage or made payments that reduced the mortgage balance, a court may grant subrogation (standing in the lender’s shoes) or a credit against any distribution from the estate. Subrogation is fact‑specific and may require the court’s approval.
Equitable lien or unjust enrichment claim: Where no probate administrator has paid the expense, the payer may request an equitable remedy to prevent the estate or beneficiaries from being unjustly enriched by the payer’s outlay.
Contract or written agreement: If there is a prior written agreement (for example, a signed promise by the decedent or an agreement among heirs), the payer can enforce that contract as a debt or claim in probate.

Practical steps to improve your chance of reimbursement

If no probate has been opened, consider opening an estate and asking the court to appoint a personal representative so reimbursements can be requested formally.
Keep detailed records: canceled checks, bank statements, mortgage statements showing application of payments, correspondence with the lender, proof of insurance payments, and documentation showing why the payments were necessary (foreclosure notices, lender warnings).
Present the payments as an administrative expense to the personal representative. If the representative refuses, you can file a petition in probate court asking the judge to allow the payments as an administration expense or to grant another equitable remedy.
If you are a co‑owner, gather documentation of ownership shares and payments to support a contribution or accounting claim.
Consider agreeing in writing with other beneficiaries or the representative about reimbursement terms (amount, interest, security), then get court approval if possible to avoid later disputes.

Time limits and claims

Claims in probate have procedural deadlines and requirements. Creditors must follow the notice and claims process set out in the Probate Act; likewise, reimbursement requests should be pursued early in the administration of the estate. Consult an Illinois probate attorney promptly to ensure you do not miss deadlines or procedural steps. See the Illinois Probate Act for claim procedures: https://www.ilga.gov/legislation/ilcs/ilcs_full.asp?DocName=007550050H&ActID=2108&ChapterID=61

Example hypotheticals

Hypothetical A: A sibling pays three months of mortgage payments after the decedent dies to prevent foreclosure. The sibling can present the payments to the administrator and ask for reimbursement as an administration expense; if the administrator refuses, the sibling can petition the probate court showing necessity and receipts.

Hypothetical B: An heir moves into estate property and pays mortgage payments for personal benefit. The court will scrutinize whether payments benefited the overall estate; the heir may get a credit in an accounting, but outcomes depend on whether the occupancy and payments benefited other heirs and whether the payments were necessary.

Statutes and further reading

Primary statutory guidance comes from the Illinois Probate Act (Probate Act of 1975), which governs administration, allowances for expenses, and claims in probate. See the Illinois Compiled Statutes (Probate Act): https://www.ilga.gov/legislation/ilcs/ilcs_full.asp?DocName=007550050H&ActID=2108&ChapterID=61

Helpful Hints

Preserve all receipts and mortgage statements; the court will want clear proof of each payment.
Get a court‑approved order when possible — court orders make reimbursement enforceable against the estate and reduce disputes among heirs.
If you are owed reimbursement, don’t assume a verbal promise will be enforced; document agreements in writing and submit them to the probate court.
If foreclosure is imminent, act quickly: emergency petitions to the probate court or agreements with the mortgagee can preserve value while you seek reimbursement later.
Talk to an Illinois probate attorney early. Small procedural mistakes can forfeit a claim, and an attorney can advise whether to seek subrogation, an equitable lien, or an allowance in probate.

Again, this information is educational only and not legal advice. For advice tailored to your situation, contact a licensed attorney in Illinois.