Orrindale
I inherited a house in Indiana with a mortgage. What do I do?

You are dealing with a loss and a stack of paperwork at the same time. You do not have to solve everything this week; the first goal is simply to keep the house safe and the loan from falling behind.

First: the mortgage does not disappear, but it usually is not called due either

A mortgage stays attached to the house after the borrower dies. The loan has to be paid, from the estate, by whoever keeps the house, or from the money when the house is sold.

The good news is a federal law called the Garn-St Germain Act. For a home with fewer than five units, it stops a lender from using the "due-on-sale" clause when the house transfers to a relative because the borrower died, or passes to a surviving joint owner (12 USC 1701j-3(d)). It also covers a transfer where the borrower's spouse or children become an owner. In plain terms, the lender usually cannot demand the full balance just because you inherited.

That does not mean you can stop paying. If the payments stop, the lender can still foreclose for missed payments.

Tell the mortgage servicer, and ask to be confirmed

Call the company that collects the payments (the servicer) and tell them the borrower died. Federal rules require servicers to have procedures to communicate with people who may be a "successor in interest," meaning someone who now has an ownership interest in the home (12 CFR 1024.38). Once the servicer gets notice of the death, it is supposed to promptly tell you which documents it needs to confirm you, such as the death certificate and proof of your ownership.

Once the servicer confirms you, you are treated as a borrower under the federal mortgage servicing rules (12 CFR 1024.30(d)). That means you can request information about the loan, and you can apply for help such as a loan modification, even if you are not on the loan.

Who owns the house now? Indiana's main paths

How the house passed decides who can sign for it. Check the deed and any will.

A transfer on death deed

Indiana allows transfer on death deeds (IC 32-17-14). If the owner signed one and it was recorded with the county recorder before the owner died, the house passes to the named beneficiary without going through probate. A transfer on death deed that was not recorded before death does not work.

Joint owners

If the house was owned with someone "with right of survivorship" or as husband and wife (tenants by the entirety), the surviving owner usually becomes the sole owner.

Small estates

Indiana has a simpler process for small estates. For a death after June 30, 2022, the limit is $100,000 in probate assets, after liens and reasonable funeral expenses are subtracted (IC 29-1-8-1). The affidavit for personal property can be used 45 days after the death. For real estate, a separate affidavit can be recorded with the county recorder when the estate is under the limit (IC 29-1-8-3). Because the limit is figured after subtracting liens, a house with a mortgage may still fit. Ask the court clerk or an attorney whether your estate qualifies.

Probate

If none of the above applies, someone usually opens a probate estate in the county court and is appointed personal representative. Indiana allows "unsupervised administration" in many estates, where the personal representative can handle things, including selling real estate, without a separate court order for each step (IC 29-1-7.5-3). The court decides whether an estate can be unsupervised.

Protect the house right away

  • Keep paying the mortgage if you can, even before probate is finished. Falling behind is the most common way an inherited house ends up in foreclosure.
  • Call the homeowner's insurance company. Policies often have rules about a death or an empty house. Ask whether the policy is still in force and whether you need a vacant home policy.
  • Check property taxes. Make sure the tax bills are going to someone who will pay them. See behind on property taxes in Indiana.
  • Secure the house. Lock it, keep utilities on enough to prevent frozen pipes, and check on it often.

Your options

Keep it and take over the payments

Because of the federal rule above, you can usually keep the existing loan and keep paying it on the same terms. Ask the servicer about formally assuming the loan once you are confirmed.

Refinance

You can apply for a new loan in your own name to pay off the old one. This can make sense if you want to change the payment or take a co-heir's share out.

Sell

Selling needs someone with legal authority to sign: the personal representative of the estate, the transfer on death beneficiary, or all the heirs on title. If the sale price covers what is owed, the mortgage is paid off from the money at closing. If it does not, the lender has to approve the sale as a short sale. See selling an inherited house in Indiana.

Let it go

If the house is worth less than the loan, you may decide not to keep it. Heirs are not usually personally responsible for a parent's mortgage unless they signed it, but the estate's assets can be used to pay debts. Talk to an attorney before you walk away, and ask the servicer about a deed in lieu of foreclosure.

Where to get free or low-cost help

  • A HUD-approved housing counselor at 1-800-569-4287.
  • The Indiana Foreclosure Prevention Network at 1-877-GET-HOPE (877-438-4673), if payments are already behind.
  • Indiana Legal Services or a probate attorney for questions about the estate. An attorney may charge a fee, which is normal.

Be careful with anyone who asks you to sign over the deed before you are paid, or who asks for an upfront fee to "save" the house (a licensed attorney charging legal fees is different).

Frequently asked questions

Can the bank make me pay off the whole mortgage when I inherit the house?

In most cases, no. For homes with fewer than five units, federal law bars the lender from calling the loan due because of a transfer to a relative on the borrower's death (12 USC 1701j-3(d)). You still need to keep the payments current.

The mortgage company will not talk to me because I am not on the loan. What can I do?

Tell them in writing that the borrower died and ask to be confirmed as a successor in interest. Federal rules require servicers to tell you what documents they need and, once you are confirmed, to treat you as a borrower for servicing purposes (12 CFR 1024.38 and 1024.30).

Do I have to go through probate in Indiana to sell an inherited house?

Not in every case. A recorded transfer on death deed, survivorship ownership, or the small estate process can avoid a full probate. If none applies, a personal representative is usually appointed by the court and can sell the house.

What is the Indiana small estate limit?

For deaths after June 30, 2022, it is $100,000 in probate assets after liens and funeral expenses (IC 29-1-8-1). Ask the court clerk or an attorney whether your estate qualifies.

Am I personally responsible for my parent's mortgage?

Usually not, unless you signed the loan. But the loan stays on the house, so if no one pays, the lender can foreclose. Talk to an attorney about your situation.

Who can help me for free?

A HUD-approved housing counselor at 1-800-569-4287, and Indiana Legal Services for estate questions.

Does Orrindale buy houses or charge me anything?

No. Orrindale is free to homeowners and we are not a buyer. If we have local buyers working in your county we will introduce you, you choose who to talk to, and you are never under any obligation. If we do not, we will still point you to free help.

Sources

See if we have a buyer in your county, free

This page is general information, not legal or tax advice. For your specific situation, consult a licensed attorney in your state or the relevant agency. Orrindale is a matching service, not a law firm, lender, or government program.