How can I become executor for my mom’s estate so I can take over her mortgage?

UPDATED: Oct 1, 2022

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How can I become executor for my mom’s estate so I can take over her mortgage?

My mom passed in September and the
Mortgage company will not disclose
anything because I’m not the

Asked on January 30, 2018 under Estate Planning, Pennsylvania


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

1) You need the probate court to appoint you as the "personal representative" of her estate: contact the probate court clerk's office in the county in which she lived, explain you are her child, let them know if there is or is not a will (the process is different, depending on whether there is a will) and ask how to apply to be appointed personal represenative (which may also be called executor if there is a will, or adminstrator if there is no will).
2) Note that there is no right to take over another's mortgage--even for an executor or an heir. A mortgage is personal to the person(s) who took it out, and the bank has the right to call it due in its entirety when that person dies. They could choose to let you take it over, but are not required to; they could also require you to refinance it in your own name.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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