Detailed Answer

Short answer: Under Indiana law, you may be able to get reimbursed for mortgage payments you made to preserve estate property, but whether and how much you recover depends on who made the payments, whether the estate is open and administered, whether the payments were necessary and documented, and whether the personal representative or the probate court approves the reimbursement. This article explains the typical legal routes, practical steps, and likely outcomes under Indiana probate law.

Who can seek reimbursement?

Personal representatives (executors or administrators): Generally can be reimbursed from estate funds for reasonable expenses they incur while administering the estate, including necessary mortgage payments, subject to approval and accounting.
Heirs, beneficiaries, or third parties who voluntarily paid mortgage payments to protect estate property: May have a claim against the estate for reimbursement as an administration expense, an ordinary creditor claim, or an equitable remedy such as subrogation or an equitable lien — depending on circumstances.
Mortgage lenders or lienholders: They have priority enforcement rights for the mortgage itself; payments they accept usually reduce the mortgage balance rather than create a reimbursement claim against the estate.

How reimbursement typically works in Indiana probate

Indiana probate law recognizes that certain expenses are proper charges against an estate. Reasonable and necessary expenses incurred to preserve estate property are often payable out of the estate before distributions to heirs. For more on probate administration generally, see Indiana Code Title 29 (Probate) for guidance: https://iga.in.gov/legislative/laws/2024/ic/titles/29.

Common paths to reimbursement

Reimbursement by the estate as an administration expense: If you are the appointed personal representative, you should document the payments and list them as administration expenses. The personal representative must account to the court and the court will allow reasonable expenses before distributing assets.
Filing a claim against the estate: If you are not the personal representative (for example, an heir who made payments), present a written claim to the personal representative requesting payment. If the personal representative rejects or ignores the claim, you can file a petition in probate court to have the claim allowed.
Court-ordered relief or equitable remedies: If the estate refuses to reimburse and circumstances justify it (for example, you paid mortgage payments under an agreement or to prevent loss of the property), you can ask the probate court for relief — such as an order directing payment, an allowance in the accounting, or, in some cases, an equitable lien or subrogation remedy.

What matters to the court

When the court decides whether to allow reimbursement, it will consider:

Whether the payments were necessary to preserve the property (e.g., to avoid foreclosure, maintain insurance, or prevent waste).
Documentation proving the payments (bank records, canceled checks, mortgage statements, receipts).
Whether the person who paid had authority or permission from the personal representative or heirs.
Whether the estate has sufficient assets to pay the claim and the priority of other claims (secured claims like mortgages generally take priority for enforcement of the lien).

Priority of repayment

Ordinarily, secured creditors (including the mortgage holder) have rights to enforce the mortgage or be paid from the encumbered property. Reimbursement claims for preservation expenses may be treated as administration expenses, which often are paid before distributions. However, they do not automatically extinguish the mortgage lender’s rights. If you paid a mortgage directly, you might be entitled to a credit against what you are owed, but the lender still has the mortgage lien unless the lender agrees otherwise.

Practical steps to pursue reimbursement

Document everything now: mortgage statements, proof of payment (bank statements, canceled checks), communications with the lender, and reasons the payment was necessary (e.g., foreclosure notices, insurance cancellations).
Notify the personal representative: Present a written, itemized claim with supporting documents. Ask that the claim be listed as an administration expense in the estate accounting.
If the personal representative disputes or ignores your claim, file a petition in the probate court asking the court to allow the claim and enter an order for payment.
If you have an agreement with other heirs (for example, you paid mortgage payments in exchange for a larger share), put that agreement in writing and seek court approval so the arrangement becomes enforceable against the estate distribution.
If the estate lacks funds, consider remedies such as seeking a charging order against the property, an equitable lien, or subrogation, and consult a probate attorney as these are fact-specific and require court action.

Hypothetical examples

Example 1 — Personal representative: Jane is the appointed personal representative. She pays the mortgage for three months to prevent foreclosure. Jane lists these payments as administration expenses on the estate accounting. The probate court approves the accounting and orders the estate to reimburse Jane from estate funds before distributions.

Example 2 — Heir who pays voluntarily: John, an heir, pays two months’ mortgage after the decedent’s death because the mortgage company threatened foreclosure. John submits an itemized claim to the personal representative with proof of payment. The personal representative objects. John files a petition and the court allows his claim as a necessary expense; the estate reimburses him from estate assets.

Example 3 — Heir pays and seeks credit against share: Maria pays mortgage payments with no prior agreement and later asks that the amount be credited against her distributive share. If the court finds the payments were necessary and equitable to credit her, it may allow the credit when distributing the estate.

Where to find the rules and forms

Indiana law that governs probate and estate administration is in Title 29 of the Indiana Code. You can review the statutes here: https://iga.in.gov/legislative/laws/2024/ic/titles/29. For practical probate procedures and local rules, check the Indiana Judicial Branch probate resources: https://www.in.gov/judiciary/probate/.

When to consult an attorney

Seek a probate attorney if:

The personal representative refuses to acknowledge a claim.
The estate has insufficient assets and you need to protect or enforce your rights.
Multiple heirs dispute whether payments should be reimbursed or credited to shares.
You need to ask the court for an equitable remedy (lien, subrogation, charging order).

Disclaimer

This article provides general information about Indiana probate law and is not legal advice. It is not a substitute for consulting a licensed attorney about your specific situation.

Helpful Hints

Start documenting payments immediately: keep mortgage statements, canceled checks, bank records, and any notices from the lender.
Put agreements in writing: if you and other heirs agree someone will pay mortgage payments, document the agreement and get court approval if possible.
Present claims promptly: give written notice and an itemized invoice to the personal representative as early as possible.
Know priorities: secured mortgage liens generally remain enforceable even if you paid the mortgage; reimbursement does not automatically eliminate the lender’s rights unless arranged with the lender or ordered by the court.
Request accounting: if you are the personal representative, include preservation expenses in the estate accounting; if you are a claimant, request to see the accounting to verify treatment of your claim.
Consider mediation: disputes among heirs over reimbursement claims can sometimes be resolved faster and less expensively through mediated settlement than litigation.
Get local guidance: procedures and timelines can vary by county and case specifics; consult the local probate court’s website or a probate attorney for targeted advice.