Short answer

Many homes never go through probate because ownership passes automatically by operation of title law or by an express nonprobate transfer. If title already passed to you (for example by joint tenancy, beneficiary deed, or trust), you generally can make mortgage payments to protect the property and stop foreclosure. If the house is an estate asset under probate, the executor/administrator controls the property and the lender will normally deal with that representative. Either way, acting quickly — verifying title, contacting the mortgage servicer, and documenting payments — is critical.

Why some inherited houses are not probate assets (plain-language explanations)

“Probate” is the court process for distributing assets that are owned solely in the deceased person’s name. A house will typically avoid probate if ownership transfers automatically at death by one of these common mechanisms:

• Joint ownership with right of survivorship: If the decedent owned the home as joint tenants with someone else, the surviving joint owner becomes sole owner automatically.
• Beneficiary (transfer-on-death) deed: Some owners sign a deed that names a beneficiary who receives title when the owner dies. That bypasses probate.
• Living trust: If the home is held in a revocable living trust, the successor trustee usually transfers title to the named beneficiaries without probate.
• Named beneficiary on title or contract: Some mortgage or property arrangements include designated beneficiaries or transfer instruments that operate outside probate.
• Other statutory nonprobate transfers: Iowa recognizes several nonprobate mechanisms. For more on Iowa statutes and probate rules, see the Iowa Legislature website and Iowa Courts resources: https://www.legis.iowa.gov/ and https://www.iowacourts.gov/.

Because title is what controls who owns the property, the county recorder’s office — where deeds are recorded — is the place to confirm whether title already passed to you. If a recorded deed or trust instrument names you as the new owner, the property likely is not part of probate.

What happens to the mortgage when the owner dies?

A mortgage is a debt secured by the house. Death of the borrower does not automatically erase the loan. Two separate issues exist:

1. Who owns the house now? If you own the house (title passed outside probate), you also inherit the property subject to the mortgage. You can continue paying the mortgage and the lender will generally accept payments from the owner or any occupant who pays, though they may ask for proof of ownership.
2. What the lender can do: If mortgage payments stop, the lender may begin foreclosure. Whether the lender can accelerate the full loan or require immediate payment depends on the loan terms and applicable law. Lenders typically want to know who is now responsible for the loan and will discuss options such as loan assumption, reinstatement, or a loan modification.

Can you make mortgage payments yourself to avoid foreclosure if the estate is in probate?

Yes — but practical and legal considerations differ depending on the title situation:

• If title already passed to you (nonprobate): You are the owner and may make mortgage payments to avoid foreclosure. Contact the servicer, provide a copy of the recorded deed or other proof of ownership and the decedent’s death certificate, and ask how to update the loan records. Some lenders allow assumption; others will accept payments without formally assuming the loan.
• If the house is owned by the estate (probate): The executor or administrator has legal authority to manage estate assets and make payments. If you are not the administrator, you can still make voluntary payments to the lender to avoid foreclosure, but you should:
• Tell the loan servicer who you are and that you want to make payments to preserve the property.
• Get written confirmation from the executor/administrator if possible permitting you to act or pay on the estate’s behalf.
• Keep detailed receipts and records of any payments you make; unpaid voluntary payments may complicate estate accounting unless they are formally approved by the administrator or the court.
• If there’s a dispute among heirs: If multiple people claim ownership, the lender often will require a clear title or a court order before accepting long-term payment arrangements. Short-term payments to prevent immediate foreclosure are usually possible but should be carefully documented.

Practical steps to protect the house from foreclosure (priority checklist)

1. Verify title: Check the county recorder’s office for the recorded deed or trust documents. Confirm whether title already transferred outside probate.
2. Get the death certificate: Lenders will request a copy to update their records.
3. Contact the mortgage servicer immediately: Explain the situation, ask about reinstatement, loan assumption, forbearance, or modification options, and ask what documentation they require to accept payments from you.
4. Document all payments and communications: Save receipts, bank records, emails, and written confirmations from the servicer about payment acceptance and status of the loan.
5. Talk to the estate representative: If the house is in probate, coordinate with the executor/administrator so your payments are authorized and properly recorded in the estate accounting.
6. Consider short-term measures: If you live in the house and need time, ask the servicer for loss mitigation or temporary forbearance to prevent immediate foreclosure while you sort title or funding.
7. Consult a probate or real estate attorney if needed: If ownership is unclear, heirs disagree, or the lender insists on a court order, a lawyer can advise about filing motions, estate administration, or negotiating with the lender.

Common scenarios and what to do (examples)

Scenario A — Joint tenancy: The deed shows the decedent and a sibling as joint tenants. The sibling records an affidavit of survivorship and a certified death certificate at the recorder’s office. The sibling is now owner and should contact the lender and begin or continue payments.

Scenario B — Beneficiary deed: The decedent recorded a beneficiary deed naming you. After the death certificate is recorded, you become owner. Provide the recorded beneficiary deed and death certificate to the mortgage servicer and arrange payment or loan transfer.

Scenario C — Probate estate with mortgage and no agreement among heirs: The estate administrator has legal control. If you want to keep the home, ask the administrator to make payments, try to buy the interest from other heirs, or seek court permission to protect the asset. Your direct payments may be accepted short-term, but the administrator needs to account for them.

Key Iowa resources

• Iowa Legislature — Iowa Code and statutes: https://www.legis.iowa.gov/
• Iowa Judicial Branch — probate information and local court contacts: https://www.iowacourts.gov/
• County recorder’s office — search recorded deeds (search on your county government website or through the recorder)

Helpful hints

• Start by checking the deed at the county recorder — that usually answers whether the property is a probate asset.
• Notify the mortgage servicer quickly and ask for a written statement about who may make payments and what documentation they need.
• Keep every receipt and send payments by traceable methods (check or bank transfer) so you have proof if a dispute arises.
• If you plan to make payments while probate proceeds, get written authorization from the executor or a court order when possible.
• If you are a beneficiary who becomes the new owner, ask the lender about assuming the loan, refinancing, or modifying the loan to put it solely in your name.
• When in doubt, consult a local probate or real estate attorney to confirm your rights and next steps under Iowa law.