If my father’s Will is in informal probate and I’m the exeutor, how do I transfer the mortgage of the house to the heirs?

Asked on August 14, 2012 under Estate Planning, Massachusetts


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

Answered 8 years ago | Contributor

I am so sorry for your loss.  You do not transfer a mortgage.  The house is transferred via executor's deed and the heirs can continue to pay off the mortgage with out having it put in to their names, which would be by financing the house.  The law allows the heirs to continue to pay the mortgage and does not allow the lender to call it in.  If you wish to have them do so - and I am not sure that you can force the issue - then they would have to apply for a mortgage themselves.  Good luck.

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