Losing a loved one is never easy—and dealing with the house they left behind can bring even more questions. While it may come with sentimental value or financial opportunity, it also raises important legal and logistical questions. One of the most common—and urgent—questions new heirs ask is: “Do I need to put the inherited house in my name?”
The short answer? Yes - absolutely. Whether you plan to live in the home, rent it out, sell it, or simply keep it in the family, understanding your responsibilities as a new property owner is critical.
In this guide, we’ll walk you through everything you need to know—from mortgage obligations and title transfers to deadlines and risks of leaving the home in a deceased person’s name too long.
Let’s dive in.
What Happens to the Mortgage When You Inherit a House?
One of the first things to figure out after inheriting a home is whether there’s still a mortgage—and what that means for you. When You Inherit a House, Do You Inherit the Mortgage Too?
If the deceased person had a mortgage, that loan doesn’t just disappear. In most cases, you inherit the house with the mortgage attached. That means the lender still expects someone to keep making payments, whether that’s you or another co-heir.
The good news? Under federal law, specifically the Garn-St. Germain Depository Institutions Act, lenders cannot automatically foreclose just because the ownership transferred due to death. As an heir, you typically have the right to assume the loan and continue making payments—even if your name isn’t on the original mortgage.
Here’s what might happen depending on the situation:
If you want to keep the house: You can contact the lender to formally assume the loan or refinance it in your name (if financially possible).
If you plan to sell the house: You can continue making payments until it sells, or sell quickly and pay off the mortgage with the proceeds.
If the mortgage is underwater (the house is worth less than the mortgage): You may need to explore options like a short sale or discuss a deed in lieu of foreclosure.
💡 Pro tip: Don’t stop paying the mortgage during probate or transition—it could lead to receiving late fees or even receive a notice of foreclosure proceedings that complicate your options down the line.
Do I Need to Put the Inherited House in My Name?
Yes—if you plan to keep, sell, or rent out the inherited house, you’ll likely need to put it in your name at some point. While the home may legally pass to you through a will or trust, ownership isn’t official until the title is transferred.
So, how does that happen?
If the home goes through probate, the court will issue documents allowing you to transfer the title. If it was held in a living trust, the trustee can handle the transfer without court involvement.
Once you have the legal right to claim the property, you’ll need to:
File a new deed with the county recorder’s office, showing the change in ownership.
Notify the mortgage lender (if there’s a loan still attached).
Update property tax records and insurance to reflect your name.
If you don’t transfer the title, you may run into trouble down the road—especially when trying to refinance, insure, or sell the home.
Can a house stay in a deceased person’s name?
Technically, yes. A house can stay in a deceased person's name, but only for a short time. Eventually, the home must be retitled to the rightful heir(s). There is no permanent way for a house to remain in a deceased person’s name, and leaving it that way too long could lead to complications with taxes, utilities, or the mortgage lender.
💡 Important: Each state has different timelines for how long an estate can remain unsettled. In most cases, you’ll want to take action within 6 to 12 months to avoid legal or financial issues.
How Long Can a House Stay in a Deceased Person’s Name?
A house can remain in a deceased person's name temporarily—but not forever. Eventually, it must be transferred to the rightful heir(s) or sold. How long you have depends on a few key factors:
What Determines the Timeline
Probate process: If the estate goes through probate, the court typically oversees the transfer of ownership. This process can take anywhere from a few months to over a year, depending on your state and the complexity of the estate.
Whether there’s a will or trust: A clearly written will can speed things up. If the property is held in a living trust, it may avoid probate altogether, allowing a quicker transfer.
State laws: Each state sets its own deadlines for settling estates. Some require that probate be filed within a certain number of months after the date of death. (In Nevada, for example, probate must generally be initiated within 30 days of the person’s death. The timeline to complete probate can range from 6 to 12 months for a simple estate, but more complex cases can take longer).
Why Waiting Too Long to Too Risky
Leaving a home in a deceased person’s name too long can create a ripple effect of complications:
Property taxes may go unpaid, resulting in penalties or liens.
Homeowners insurance could lapse or become invalid, leaving the property unprotected.
Utility accounts may be frozen or disconnected.
Title disputes can arise if the ownership is unclear or challenged later.
Even if you’re not ready to sell or move in, it’s smart to initiate the title transfer within 6–12 months of the original owner’s passing. That way, you maintain control of the property and avoid legal headaches down the road.
Is There a Time Limit to Sell an Inherited Property?
Technically, there’s no hard deadline to sell an inherited house—at least not in most states. But just because you can wait indefinitely doesn’t mean you should. Several factors can create a sense of urgency or even force a sale sooner than you might expect.
When You Might Face a Deadline in Selling an Inherited Property
The will or trust sets one: If the deceased left instructions for the home to be sold within a certain timeframe, that can create a legal obligation for the heirs or executor.
Probate court requirements: Sometimes, courts impose deadlines for distributing estate assets, which may include selling the property.
Mortgage or insurance companies: If the home has an active mortgage, the lender may require that the loan be assumed or paid off within a certain time. Similarly, homeowners insurance policies may expire or become void once the original policyholder passes.
Why It’s Often Better to Sell Sooner
Even without a legal requirement, delaying the sale of an inherited property can complicate things:
Capital gains taxes are based on the home’s fair market value at the time of death. The longer you wait, the more the property may appreciate—and the bigger your potential tax bill if you sell later.
Maintenance and carrying costs (utilities, taxes, insurance, repairs) can add up quickly.
Vacant property risks: If no one’s living in the house, it may become a target for vandalism or suffer unnoticed damage—especially if insurance coverage lapses.
If you have been considering to sell the inherited property, it's often better to sell sooner rather than later. Selling an inherited property often comes with tax consequences, and the sooner you sell, the less of an impact you would feel.
While you may not have a strict time limit to sell an inherited property, it’s usually smart to act sooner rather than later—especially if the home is vacant, there’s no intention to keep it, or if you’re sharing ownership of the inherited property with siblings.
Final Thoughts
Inheriting a house can be extremely stressful especially if you’re unsure what happens to the mortgage, how long it can stay in the deceased person’s name, or whether you need to put the property under your own name.
If you inherited a home, putting it in your name isn’t just a formality—it’s a legal necessity if you want to sell, rent, or refinance. It also protects you from future conflicts with heirs and avoids complications like unpaid taxes or insurance lapses.
Understanding the title transfer process now can save you from a lot of stress later—and possibly even help you unlock the value in the home while keeping taxes low.
The key is to act intentionally and stay informed. Review the mortgage status, understand probate timelines, and speak with professionals like estate attorneys, tax advisors, or real estate experts who can guide you through next steps. If you're still piecing together what to expect after a loved one passes, our guide to inheriting a house covers everything from legal processes to common pitfalls.
If you decide to sell, don’t feel like you have to navigate the process alone. At 702 Cash Buyers, we help families in situations just like yours—offering fast, respectful, and hassle-free solutions for inherited homes.
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