What Happens to Your Mortgage When You Die?

Can Family Members Keep the Home?

House with hearts indicating love in the home
••• Bubbers13 / Getty Images  

What happens to your mortgage after you die, and what can you do to make things easier for loved ones? The good news is that heirs are not responsible for loans that they have nothing to do with, and you can plan ahead to keep everybody in the home—if that’s what they want.

What Happens to Debt at Death

The death of a borrower changes things, but perhaps not as much as you’d think. The loan still exists and needs to be paid off, just like any other loan. But the stakes can be higher with housing debt, as family members may live in the house or have emotional attachments to it. Survivors can handle the mortgage in several ways, and some will be more appealing than others.

Keep Making Mortgage Payments

It’s crucial to make arrangements for your monthly payments when you die. Doing so prevents the lender from applying penalty fees and starting the foreclosure process. A surviving spouse, your executor, or anybody else can make payments while they settle the estate. Automatic bill payments can do the job, too, assuming your funds are still available. Financial institutions could freeze accounts after your death, so you may need to ensure that others set up new payment methods.

Passing the Home to Relatives

Your estate is responsible for paying off debts, but real estate is unique. Under federal law, lenders must allow family members to take over a mortgage when they inherit residential property. This prevents lenders from demanding payment under a due-on-sale clause, which would be triggered when ownership transfers to your heirs. Heirs do not need to prove they have the ability to repay the loan before taking over the mortgage.

Repaying and Refinancing

Heirs are not required to keep the mortgage in place after you die, but the final decision lies with the executor of the will. They can refinance the loan if there’s a better one available, or they can just pay off the debt entirely. If you have significant assets in your estate at death, having your executor pay off the loan allows heirs to take the home free-and-clear.

Married Couples

For most married couples, the process is straightforward. If both spouses own the home and applied for the loan together, the surviving spouse generally takes over everything (ownership of the house and responsibility for the loan).

Co-Signers

If anybody co-signed for the home loan, that individual would be liable for paying off the debt—whether or not they live in the home or have an ownership interest.

Non-owner co-signers are probably most at-risk in terms of being responsible for paying your outstanding mortgage debt after you die.

Selling the Home

Heirs are not required to keep the mortgage in place after you die, but the final decision lies with the executor of the will. They can refinance the loan if there’s a better one available, or they can just pay off the debt entirely. If you have significant assets in your estate at death, having your executor pay off the loan allows heirs to take the home free-and-clear.

In some cases, heirs may not be able to take over the mortgage. Whether they can’t afford the payments or they don’t want the property, selling the home is always an option.

Positive Equity

If the home is worth more than is owed on it, the difference can go to your heirs. Your executor can sell the property and use the proceeds to pay off other debts or distribute assets to heirs. Alternatively, if an individual heir takes over the mortgage and ownership of the home, that person can pocket the difference.

Negative Equity

If you owe more than the home is worth—and nobody wants to take over payments—your executor may be able to negotiate a short sale with your lender. If all else fails, the lender can simply foreclose, and your loved ones won't be responsible for the debt—as long as they didn't co-sign on the mortgage.

Reverse Mortgages

Reverse mortgages are different because you don’t make monthly payments. Home Equity Conversion Mortgages (HECMs) are the most common types of these types of loans, which must be paid off after the last borrower (or eligible spouse) dies or moves out. After that, the heirs will receive a due and payable notice from the lender. If they want to keep the home, they'll have 30 days to pay off the full loan balance or 95% of the home's appraised value—whichever is less. If they want to sell the home, then the lender will take the proceeds as repayment for the loan.

How to Prepare

Some basic estate planning will make things easier for everybody. Speak with a local attorney, describe what you hope to accomplish, and ask how best to make it happen. The sooner, the better. A simple will might do the trick, or you can use additional strategies.

Life Insurance

Life insurance may provide a quick cash injection to help your heirs pay off your home loan or keep up with monthly payments. That money can give everybody options, including a surviving spouse who might or might not want to keep the home. Plus, if a co-signer helped you get approved, you can get them off the hook.

Ownership Options

With the help of qualified professionals, evaluate whether or not it makes sense to hold your real estate in a trust or a business entity like an LLC. Adding additional owners to the title could also be an option. Any action that keeps your home out of probate can help to reduce costs and smooth the transition for your heirs. However, those changes may have significant legal and tax consequences—so consult with a local attorney and CPA before you take any action.

Keep Liquid Cash

Especially if your family members will have a hard time making payments after your death, make funds available to them. This will help them minimize stress and paperwork, and they can sell the home for a fair price if that’s what needs to happen. In the meantime, They’ll need to pay the mortgage, maintain the property, and stay current on taxes.

Talk About It

Discuss your intentions with anybody who will be affected by your death. It’s not fun, and it’s harder for some than others, but communication can go a long way toward preventing heartache when the inevitable happens. Find out if loved ones want to keep the house, or if they’d prefer to move on. If you have multiple heirs, clarify who gets what—and under what conditions. For example, if one person gets the house, will the estate pay off the mortgage, or does that individual inherit the home loan along with the property?

Article Sources

  1. Consumer Financial Protection Bureau. "If Someone Dies Owing a Debt, Does the Debt Go Away When They Die?" Accessed March 28, 2020.

  2. Alaska Court System. "Self-Help Services: Probate." Accessed March 28, 2020.

  3. Jackson White Attorneys at Law. "Are Joint Bank Accounts Frozen When Someone Dies?" Accessed March 28, 2020.

  4. Cornell Law School. "U.S. Code § 1701j–3 Preemption of Due-on-Sale Prohibitions," Accessed March 28, 2020.

  5. Consumer Financial Protection Bureau. "CFPB Clarifies Mortgage Lending Rules to Assist Surviving Family Members," Accessed March 28, 2020.

  6. Quicken Loans. "What Happens To A Mortgage When The Borrower Dies?" March 28, 2020.

  7. The People's Law Library of Maryland. "Spouse's Debts," Accessed March 28, 2020.

  8. Zacks. "Inheriting a Home With an Upside-Down Mortgage." Accessed March 28, 2020.

  9. Consumer Financial Protection Bureau. "If I Have a Reverse Mortgage Loan, Will My Children or Heirs be Able to Keep My Home After I Die?" Accessed Nov. 8, 2019.

  10. Nationwide. "Mortgage Protection Insurance: Use Term Life Insurance to Pay Off a Mortgage." Accessed March 28, 2020.

  11. EstatePlanning.com. "Understanding Living Trusts." Accessed March 28, 2020.

  12. Fidelity. "Cash & Bank Accounts." Accessed March 28, 2020.