Dan J. Harkey

Master Educator | Business & Finance Consultant | Mentor

Reverse Mortgages and Probate After the Death of the Borrower

If probate takes longer than 6 months, the reverse mortgage doesn’t automatically “go delinquent, “which should reassure homeowners and heirs that delays won’t cause immediate default.

by Dan J. Harkey

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Below is what typically happens and how families handle it—especially when probate drags on for more than six months.

1) Six months is a standard “work window,” not a magic cliff—but action is required

For HECMs, heirs generally receive Due and Payable notice and must respond with an intent to sell, refinance/pay off, or surrender (deed-in-lieu).  The CFPB explains that after heirs receive the due-and-payable notice, they generally have 30 days to decide what to do, and that the timeline may be extended up to six months to allow time to sell or obtain financing.  Many industry- and HUD-aligned explanations state that six months is the baseline period to satisfy the debt, with extensions available upon documentation of progress.

2) If probate exceeds 6 months, the estate typically must request extensions (often 90-day increments)

When probate takes longer than expected, heirs/estate usually request one or more extensions.  HUD’s “Inheriting a HECM” handout states the loan must be satisfied within 30 days of death, and that the lender may approve 90-day extensions if the estate/heirs provide documentation showing they are actively trying to sell the property or repay the loan.

A commonly cited servicing roadmap also states that after the initial six months, heirs may request a 90-day extension (subject to HUD approval) and one additional 90-day extension—effectively allowing up to about 12 months total when properly documented.

Key point: Extensions are usually not automatic.  They’re typically tied to proof that the estate is actively moving toward payoff (sale, refinance, or another settlement path).

While probate is ongoing, communication and documentation are key to maintaining control and avoiding unnecessary stress for the estate.

If probate is slowing things down, servicers generally want to see evidence of legal authority and a clear plan.

Standard documentation that helps support extensions includes:

  • Letters testamentary / letters of administration (or other proof of authority)
  • Evidence of the home is listed (MLS sheet, listing agreement)
  • Marketing activity and price reductions
  • Offers, escrow milestones, or financing steps
  • Proof that taxes/insurance are current (or being maintained)

HUD’s heir guidance explicitly ties extensions to “satisfactory documentation” that heirs are actively trying to sell or repay.

Even if probate is delayed, keeping the home “in good standing” through timely taxes and insurance helps estate executors feel capable of managing the property responsibly.

Even if you’re waiting on probate, HUD makes clear that property taxes and insurance remain the responsibility of the Borrower’s estate until title is transferred.

If those property charges lapse, the servicer can have an independent basis to accelerate enforcement and proceed toward foreclosure.  Keeping them current is one of the most critical “buy time” steps during a lengthy probate.

5) What happens if the estate can’t finish probate and doesn’t get extensions?

If the due-and-payable notice isn’t responded to, or extensions expire without progress, servicers may begin foreclosure as the final remedy.  The roadmap guidance states that foreclosure is the likely next step if the notice isn’t addressed or the property doesn’t sell after the extensions expire.

CFPB similarly warns that if a default/foreclosure notice is ignored, the lender can start foreclosure proceedings, and you may lose the home.

6) Interest and charges typically keep accruing during probate

Even after death, interest and (for HECMs) mortgage insurance premiums can continue to accrue until the loan is settled, provided that probate does not reduce the remaining equity.

This is why the best strategy is usually to start the “payoff path” early (list quickly if selling, or begin refinance prep if keeping the home), even if probate paperwork is still in motion. 

The guidance provided primarily applies to HECMs. For proprietary (non-HECM) reverse mortgages, review the specific contractual terms and extension policies, as they may differ significantly.

The CFPB notes that most reverse mortgages are HECMs and that non-HECM reverse mortgages may have different requirements and features.  If the loan is proprietary/jumbo, the extension practices may be more contractual and less standardized.

Practical “if probate is going to exceed 6 months” checklist

Here’s the safest playbook:

·         Notify the servicer immediately and ask for their “Due and Payable”/estate packet. 

·         Provide the death Certificate + proof of estate authority as soon as available.

·         Within the first window, send a written “intent” (sell / refinance-payoff / deed-in-lieu). 

·         If probate is slow, request a 90-day extension with documentation of progress; repeat if needed (often a second 90-day extension may be possible).

·         Keep taxes and insurance current while probate runs.

Two quick questions so I can tailor this to your exact case

·         Is the reverse mortgage an FHA-insured HECM, or a proprietary/jumbo reverse mortgage?  (The extension rules are most standardized for HECMs.)

·         Is the estate planning to sell the home or keep it (refinance/pay off)?  The best documentation and timelines vary by strategy.