I Just Inherited a House With a Mortgage. Do I Have to Pay It? (2024)

Mark Henricks

·6 min read

I Just Inherited a House With a Mortgage. Do I Have to Pay It? (1)

Inheriting a house with a mortgage requires making some decisions about what to do with the property. One option is to sell the home and pay off the loan with the sale proceeds. If you keep the home, you can assume the existing mortgage or refinance the loan. If you keep the home, you can live in it or rent it out. Your choices may be limited by the laws where you live. If the ownership of the house is split between one or more other heirs, you’ll have to consider their wishes. A financial advisor can help develop a plan to reach your personal financial goals.

Home Inheritance Basics

After someone passes away, a will can be used to bequeath property such as a private residence to a loved one. In the absence of a will, state laws may dictate where the property goes.

Often property or other assets inherited in this way goes through probate. When that happens, any debts owed by the estate must be paid off before assets are distributed to heirs. This means the mortgage has to be dealt with in some manner before the estate can be settled. State inheritance laws vary, so local requirements may limit your options.

Mortgage Inheritance Options

When you inherit a home with a mortgage, you’ll have two basic choices: sell it or keep it. Here are the pros and cons of each.

  1. If you sell the home, you can use the proceeds to pay off the loan. If there is any money left after satisfying the lender, you can keep the cash as part of your inheritance.

Selling and paying off the loan relieves of you any responsibility to make future mortgage payments and keep up the property. And selling may be the only option if you share ownership of it with another beneficiary who wants cash. Taxes represent a potential complication. You may owe capital gains taxes on the money you receive after paying off the mortgage.

  1. If you keep the home, you can assume the mortgage and start making payments. A federal law called the Garn-St. Germain Act generally requires lenders to let someone who has inherited a house assume an existing mortgage without getting credit approval or paying closing costs on a new loan. This can let you move into a place more desirable than you could buy on your own, in addition to possibly having pleasant memories associated with it.

Keeping the home gives you more options. You can live in the home if its location and other features meet your needs. Alternatively, you can rent it to tenants and, if the rent is more than the mortgage, collect passive income plus potential gains from price appreciation.

A major downside of keeping the property is that you have to make the mortgage payments, in addition to covering the taxes, insurance and other expenses. If you want to and can get approved for a new loan, however, you may be able to refinance the loan. Refinancing can let you take advantage of lower interest rates and possibly reduce the payments or, if you prefer, take cash out of the equity.

Potential Pitfalls

A lot of things can go right if you inherit a house with a mortgage. Some potential pitfalls to be aware of include these:

  • Negative Equity: If the house is underwater, meaning the outstanding balance of the mortgage is more than the property’s value, you won’t be able to sell it for enough to pay off the loan. Unless you can get the lender to agree to a short sale, you’ll still be responsible for the remaining balance.

  • Tax liability:Selling an inherited property and realizing a gain on it after settling the mortgage could create a tax obligation. The gain could even push you into a higher tax bracket so you’ll owe more on the other income you generate from work or investments.

  • Ownership costs: Repairs, maintenance, property taxes and homeowner association fees are some of the costs that can go with owning a home you inherit. Account for these costs before you decide what to do with the property.

  • Selling costs: Even if you sell the property, you’ll still have to pay a number of costs. These often include real estate agent commissions, closing costs and possibly repairs, among others. These costs will reduce the amount left after the transaction and can make the sale less appealing and worthwhile.

Picking the Right Approach

Deciding what to do when you’ve inherited a house with a mortgage involves balancing several considerations, including:

  • Your finances: Ask yourself whether you have the resources to keep making mortgage payments and maintaining the property.

  • Living situation: If you need a place to live and the inherited property suits your needs, it might make sense to assume the mortgage and move in.

  • Market factors: The real estate market in your area may suggest that it’s better to sell or rent than to keep the property and live in it.

  • Nostalgia: A family home could have pleasant memories or, for a variety of reasons, be someplace you’d prefer not to live.

  • Legal issues: If multiple heirs are involved, they might disagree about what to do with the property.

The Bottom Line

I Just Inherited a House With a Mortgage. Do I Have to Pay It? (3)

Inheriting a house with a mortgage presents options that need careful consideration. Selling the home and paying off the loan can relieve you of mortgage responsibilities. Alternatively, you can keep the home, assume the mortgage and either live in it or rent it out for passive income. State laws and the wishes of other heirs may limit your choices. Your finances, living situation, market conditions, emotions and legal issues will be part of the final decision.

Tips for Investing

  • Consider talking to a financial advisor before making any decisions about what to do with a home you have inherited. Finding a financial advisor doesn’t need to be hard.SmartAsset’s free tool matches you with up to three vetted financial advisors who serve your area, and you can have free introductory calls with your advisor matches to decide which one you feel is right for you. If you’re ready to find an advisor who can help you achieve your financial goals, get started now.

  • If you decide to sell an inherited home and pocket the cash, you may wonder what would happen if you invested the funds. SmartAsset’s Investment Return & Growth Calculator can give you an answer. Input the amount you’ll invest, how much and how often you’ll make additional contributions to your initial capital, the anticipated rate of return and your investment time horizon in years. The calculator will tell you what your portfolio will likely be worth at the end of that period.

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The post What Happens If You Inherit a House With a Mortgage? appeared first on SmartAsset Blog.

I Just Inherited a House With a Mortgage. Do I Have to Pay It? (2024)

FAQs

I Just Inherited a House With a Mortgage. Do I Have to Pay It? ›

If you inherit a home with a mortgage, you have the right to “stay and pay.” However, rightful heirs often encounter difficulty when dealing with the mortgage servicer to obtain information about the mortgage loan or learning about their options as an heir.

Do you have to pay mortgage after death? ›

In most cases, the responsibility of the mortgage will be passed to the beneficiary of the home if there is a will. If you applied for your mortgage with a co-borrower or co-signer, the solution is relatively simple: The other party must continue paying the loan.

What is the first thing you do when you inherit a house? ›

Here are some actions you should certainly take right away, no matter what you plan to do with the property.
  1. Call your lawyer or family estate planner. ...
  2. Secure the property. ...
  3. Assess the condition of the property. ...
  4. Transfer the utilities. ...
  5. Pay any past-due taxes or utility bills. ...
  6. Get an appraisal.
Jun 28, 2023

What are the disadvantages of inheriting a house? ›

Con: Illiquidity limits options and adds risk

This lack of liquidity poses a challenge for heirs, especially if the market experiences a downturn when they plan to sell the home. Unlike stocks or cash, a home isn't easily divisible or sell-able in parts to provide funds as needed—it's an all-or-nothing situation.

Can family take over mortgage after death? ›

So, if you've inherited the home of a loved one, you can assume their mortgage and continue making monthly payments, picking up right where they left off. Heirs should also be able to continue making payments to keep the mortgage current even if they haven't legallyassumed the property's title.

What happens if you inherit a house with a mortgage? ›

If the home wasn't sold by the executor, you may inherit the property – and it may have an outstanding mortgage balance. During the probate process, you or the executor will be responsible for keeping up with the mortgage payments until the estate is settled.

How long can a mortgage stay in a deceased person's name? ›

No, a mortgage can't remain under a deceased person's name. When the borrower passes away, the loan won't disappear. Instead, it needs to be paid. After the borrower passes, the responsibility for the mortgage payments immediately falls on the borrower's estate or heirs.

What happens when you inherit a house from your parents? ›

In the State of California, you won't owe any inheritance tax on the property, but if you sell the home, you'll likely owe capital gains tax on any value that exceeds what the house was worth at the time of your relative's passing.

What happens if you inherit a house with debt? ›

FAQ about inheriting a house with a mortgage

Or, if the person died intestate, which means without a will, you may inherit the home due to a court distributing the deceased individual's estate. However, if the individual had outstanding debts when they died, the home may be sold to pay off those debts.

How to inherit a house without paying capital gains tax? ›

How Can I Avoid Capital Gains Tax on Inherited Property? There are four ways you can avoid capital gains tax on an inherited property. You can sell it right away, live there and make it your primary residence, rent it out to tenants, or disclaim the inherited property.

Does inheriting a house count as income? ›

Inheritances are not considered income for federal tax purposes, whether you inherit cash, investments or property. However, any subsequent earnings on the inherited assets are taxable, unless it comes from a tax-free source.

Is it better to keep an inherited house or sell it? ›

If there is more than one beneficiary, often it is better to sell and divide the proceeds between beneficiaries to avoid any conflicts. If converting the inherited house into a rental property is not economically beneficial or location is not rent desirable, it is better to sell.

Should you pay off your mortgage with an inheritance? ›

Your mortgage may be the biggest debt you have, and if you have a large inheritance, paying all of it off or most of it may be tempting. However, go through your contract again before deciding whether this is beneficial. You may lose out on some tax benefits if you pay your mortgage early.

What debts are forgiven at death? ›

During probate, the executor of the estate typically pays off debts using the estate's assets first, and then they distribute leftover funds according to the deceased's will. However, some states may require that survivors be paid first. Generally, the only debts forgiven at death are federal student loans.

Do you have to notify a mortgage company of death? ›

When a loved one dies, you should notify the mortgage company quickly. Typically, the mortgage company will require a copy of the death certificate. If no one notifies the mortgage company or pays the mortgage, the loan servicer could begin foreclosing on the home.

What kind of insurance pays off a mortgage upon death? ›

Mortgage life insurance, also called mortgage protection insurance (MPI) or mortgage protection life insurance, is a type of credit life insurance that covers your mortgage if you die before paying off your home loan.

Can a family member take over a mortgage? ›

While most mortgages aren't transferable, some lenders might make an exception for transfers between parents and children. You'll need to speak with your lender to see if you're eligible and understand the requirements.

Can you inherit mortgage debt? ›

Yes, you can. It is possible to inherit a house with a mortgage attached to it if it was bequeathed to you in the deceased's will. Or, if the person died intestate, which means without a will, you may inherit the home due to a court distributing the deceased individual's estate.

Is there insurance to pay off a mortgage in case of death? ›

Mortgage life insurance covers your mortgage if you were to die. Unlike other types of life insurance, mortgage life insurance is in place solely to pay off what's left on your mortgage. It won't help pay final expenses, childcare and future education costs, which are other reasons people often buy life insurance.

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