Ginzen De Vera
Most families assume that when a homeowner dies, their mortgage disappears too. That’s a costly mistake.
The reality is that a mortgage is tied to the property—not the person.
If payments stop, the lender can foreclose, even if probate hasn’t finished.
That means heirs can lose the family home unless the mortgage is handled quickly and correctly.
This guide explains what happens to a mortgage after death in Georgia, the common pitfalls heirs face, and the exact steps to protect the property.
When a parent or spouse dies, the family faces two challenges at once: grief and urgent legal deadlines.
If the mortgage isn’t handled correctly:
Attorney Insight:
The fastest way to create a family crisis is to stop mortgage payments after a death. Lenders don’t wait for probate—they move quickly to protect their loan.
Before making decisions, watch this video that explains how mortgages are handled after death and what steps heirs must take.
Most families start probate feeling stuck:
That’s why we offer a Free Probate Roadmap Call.
In one short call, we’ll:
Families often tell us they finally feel clear and confident about what to do next.
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Families often rely on assumptions when a loved one passes away, which can lead to mistakes. Here are the myths we see most often—and the reality.
False. A mortgage is secured by the property itself. Until it’s paid off, that lien survives the borrower’s death. The bank still has a claim on the house.
Partly true. Heirs don’t automatically owe the mortgage personally. But if they want to keep the house, they must pay or refinance the loan.
You don’t inherit the debt, but you can’t keep the house without covering it.
Not quite. Probate decides who inherits the property, but the estate (or heirs) must still work with the lender to continue payments or resolve the debt.
Probate transfers ownership—not the loan itself.
If the deceased had children from prior relationships or estranged relatives, finding and notifying them can be difficult and required.
Georgia probate law offers certain protections for heirs, but it has limits. Understanding what the court process can and cannot do will keep families from false security.
Pro Tip: Probate is a title transfer tool—not a shield against foreclosure.
Once you understand the risks, the next step is knowing exactly what to do.
Here’s the process most families in Georgia need to follow to keep control of the home.
Review the loan balance, payment amount, and due dates. This shows exactly what the lender expects moving forward.
Even during probate, someone must keep the mortgage current. Otherwise, foreclosure can start within months.
Send the death certificate and, later, Letters Testamentary or Letters of Administration. This proves who can legally manage the loan.
If the property goes through probate, the executor is responsible for managing mortgage payments until the court approves transfer or sale.
While mortgages after death work similarly across the U.S., Georgia probate law has unique wrinkles that families need to anticipate.
(Related: How to Put Your House in a Trust in Georgia)
Beyond the probate process itself, several other financial and legal issues can trip families up after a death. These are just as important as the mortgage.
The mortgage will not wait for you to grieve.
Missing even a few payments can put the home into foreclosure—wiping out one of the estate’s most valuable assets.
Most families start probate feeling stuck:
That’s why we offer a Free Probate Roadmap Call.
In one short call, we’ll:
Families often tell us they finally feel clear and confident about what to do next.
"*" indicates required fields
Our Georgia probate lawyers work remotely, so you don’t have to visit an office. Here are all the counties we serve in Georgia.
