If my father recently passed interstate and I am his only child, do I need to go to probate just to have the bank note on the mortage changed?

Asked on May 26, 2012 under Estate Planning, South Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am so sorry for your loss.  No, you do not but you will need to go through probate to have the deed changed in to your name.  When you inherit a home through the probate process the banks are not permitted to call in the mortgage (generally the due on sale clause) and you can continue to pay the mortgage until it is paid off.  If you wish to refinance though you will have to be appointed as the Personal Representative, transfer the property and apply for a new mortgage.  Good luck. 


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