If a probate matter of an estate goes to probate court will the house of the decease become an issue if an mortgage is still owe

Asked about 1 year ago - Suitland, MD

The PR refuse to release funds to beneficiaries and now the matter may end up in court

Attorney answers (3)

  1. Mark William Oakley

    Contributor Level 18


    Lawyers agree

    Answered . No distributions may be made except with approval of the probate court. Distributions are determined by the will, after all assets are determined and any debts, taxes and other fees paid. If no will, then there is a default distribution to heirs at law. Real property which is left to specific heirs would be distributed to those heirs, subject to the mortgage. That means, the new owners of the home must pay the mortgage or risk losing the home to foreclosure. The heirs do not become personally liable on the loan, however. In many cases, the home is sold by the estate PR and then the net proceeds of sale after the mortgage is paid off are then distributed to the heirs. It all depends on what the will says. If no will, the house will likely be sold.

  2. Melissa Anne Wu

    Contributor Level 9

    Answered . Why is the PR refusing to distribute? If the estate has been opened, during the end of the probate process (typically 9 months after the estate is opened), the PR is required to distribute the remainder of the estate pursuant to the Will as part of his/her duties. Of course, the PR has to pay off all debts first.

  3. Steven M Zelinger


    Contributor Level 20


    Lawyer agrees

    Answered . This question isn't very clear - if there is a probate matter I would imagine everything in the deceased estate would be fair game to be reviewed - it depends on what the fight is about.

    This is not legal advice nor intended to create an attorney-client relationship. The information provided here is... more

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