When a loved one passes away, one of the first concerns families face is what happens to the house. Many executors and heirs assume that everything stops while probate is underway. Unfortunately, that's not the case. Mortgage payments, property taxes, utility bills, insurance premiums, maintenance responsibilities, and security concerns continue long after the owner's death. In Philadelphia, failing to properly maintain a probate property can lead to costly problems — including code violations, vandalism, water damage, theft, and even squatters taking over a vacant home. Understanding who is responsible can help protect the property and preserve the value of the estate.

Who Is Responsible for the Property During Probate?

In Pennsylvania, the executor named in the will — or the court-appointed administrator if there is no will — is generally responsible for protecting and preserving estate assets during probate. This is not an optional role. The executor has a legal fiduciary duty to act in the best interests of the estate and all of its beneficiaries — and that duty extends directly to the physical property.

The executor's property-related responsibilities typically include:

An executor who neglects these responsibilities can face personal liability to the beneficiaries of the estate. This is not a role to take passively.

Who Pays the Mortgage During Probate?

The mortgage does not disappear when the homeowner passes away. A mortgage is a lien against the property — not a personal debt that dies with the owner — and the lender's claim on the property remains fully in force throughout probate.

Payments typically must continue from estate funds to avoid late fees, default, or foreclosure. Here's how it generally works:

Ignoring mortgage payments is one of the most expensive mistakes an executor can make. Even a few missed payments can trigger default proceedings, damage the estate's negotiating position with the lender, and reduce what heirs ultimately receive.

Who Pays Property Taxes During Probate?

Property taxes continue to accrue during probate regardless of the estate's status. In Philadelphia, the consequences of unpaid taxes escalate quickly:

A tax lien on an inherited Philadelphia property must be resolved before the property can be sold or transferred — which means unpaid taxes directly delay the closing of the estate and reduce net proceeds to heirs. Executors should check the property's tax status immediately upon opening the estate and make arrangements to keep taxes current throughout the probate process.

Responsible for a probate property in Philadelphia and not sure where to start? We help executors and families manage inherited properties through the entire probate process. Call us — we'll tell you exactly what needs to happen.

Call Us: 215-607-8607

Who Pays Utility Bills During Probate?

Even vacant homes often require certain utilities to remain active. Turning off utilities without proper planning is a false economy — the costs of the damage that follows almost always exceed the savings from shutting off service.

Depending on the property and the season, maintaining the following is typically advisable:

Utility bills during probate are a legitimate estate expense, paid from estate funds and documented as part of the executor's final accounting.

Who Is Responsible for Securing a Vacant Probate Property?

This is one of the most overlooked responsibilities during probate — and one of the most consequential. Vacant homes in Philadelphia can attract unwanted attention quickly. Once a property appears unoccupied, it becomes a target.

Common threats to vacant probate properties include:

The executor should take immediate steps to secure the property as soon as the estate is opened — not weeks or months later. Recommended security measures include:

The longer a property sits without active oversight, the greater the risk of problems developing. In our experience with Philadelphia estates, the properties that attract the most problems are the ones nobody is watching.

What Happens if Squatters Move Into the Property?

Many families are shocked to discover that removing unauthorized occupants from a property is not as simple as calling the police. If squatters gain access to a vacant probate property and establish any claim of occupancy — even informally — removal may require a formal legal eviction process. That means court filings, notices, hearings, and potentially weeks or months of delay before the property can be recovered.

In the meantime, the squatters may cause damage to the property, the estate may be unable to sell or transfer the home, and the costs continue to mount.

Prevention is far easier than dealing with the consequences. Warning signs that a property may have been accessed without authorization include:

If any of these signs appear, the executor should act immediately — ideally with legal counsel — rather than attempting to handle the situation informally. A vacant probate property should never be left unattended for extended periods.

What About Repairs During Probate?

Necessary repairs should generally be addressed promptly to preserve the property's value and prevent minor issues from becoming major expenses. The executor has both the authority and the responsibility to authorize reasonable repairs from estate funds.

Common probate property issues that require prompt attention include:

The rule of thumb: if a problem is getting worse over time, it needs to be addressed. The estate pays for repairs now or pays far more for the resulting damage later.

Can Family Members Live in the Property During Probate?

Sometimes — but this requires careful handling. There are situations where it makes sense for an heir or family member to occupy a probate property during the estate process: it keeps the home occupied and secure, avoids the costs associated with a vacant property, and may provide stable housing for someone who needs it.

However, occupancy arrangements during probate carry real risks:

Executors should consult with legal counsel before making any long-term occupancy arrangement, and any agreed terms should be documented in writing with the knowledge and consent of all beneficiaries.

What Happens if Nobody Maintains the Property?

A neglected probate property can rapidly transition from an asset to a liability. The consequences compound over time:

Protecting the property from the beginning of the probate process almost always saves the estate significant money — and saves the family significant stress — compared to addressing problems after they've developed.

Practical Steps for Philadelphia Executors

If you are responsible for a probate property in Philadelphia, take these steps as early in the process as possible:

  1. Secure the property immediately. Change locks, secure entry points, and activate or install monitoring on your first visit.
  2. Verify insurance coverage. Contact the existing insurer to notify them of the owner's death and confirm whether coverage remains in force. Arrange vacant property coverage if needed.
  3. Keep essential utilities active. Maintain heat, water, and electricity at minimum levels to protect the structure.
  4. Monitor mortgage and tax obligations. Confirm what is owed and when, and set up a payment plan from estate funds before anything goes delinquent.
  5. Address urgent repairs promptly. Don't defer problems that are actively worsening. Get contractor estimates quickly and authorize necessary work.
  6. Visit the property regularly. Irregular in-person visits — at least weekly for vacant properties — are the single most effective deterrent to unauthorized entry.
  7. Keep detailed records of all expenses. Every payment made from estate funds must be documented for the final accounting.
  8. Respond immediately to signs of unauthorized occupancy. Do not wait and hope the situation resolves itself.

Frequently Asked Questions

Who is responsible for maintaining a house during probate in Pennsylvania?
The executor named in the will — or the court-appointed administrator if there is no will — is legally responsible for protecting and preserving estate assets, including real property. This includes maintaining the home, securing it against unauthorized entry, paying necessary expenses from estate funds, and addressing urgent repairs. Failure to do so can result in personal liability to the estate's beneficiaries.
Who pays the mortgage on a house during probate in Philadelphia?
Mortgage payments must continue from estate funds throughout probate. The lender's claim on the property does not pause because the owner has died. Missed payments lead to late fees, default, and potentially foreclosure — all of which harm the estate and reduce what heirs receive. The executor should notify the lender of the death early and confirm what's required to keep the loan current.
Who pays property taxes during probate in Philadelphia?
The estate is responsible for paying property taxes throughout probate. In Philadelphia, unpaid taxes accrue interest and penalties, result in tax liens, and can eventually trigger tax sale proceedings. All of these outcomes reduce the estate's net value. Executors should verify the tax status of the property immediately and keep taxes current throughout the process.
What happens if squatters move into a probate property in Philadelphia?
Removing squatters who have established occupancy typically requires a formal legal eviction — a process that can take weeks or months and is far more costly than prevention. Executors should secure the property immediately upon taking responsibility, monitor it regularly, and act quickly at any sign of unauthorized entry.
Should utilities be kept on in a vacant probate property?
In most cases, yes. Turning off heat in a Philadelphia winter risks frozen and burst pipes — one of the most expensive forms of property damage an executor can face. Maintaining minimum heat, water, and electricity protects the structure and keeps the property insurable. Utility costs are legitimate estate expenses and are documented in the final accounting.
Can a family member live in a probate property during probate in Pennsylvania?
Sometimes, but it requires careful handling and legal guidance. Occupancy arrangements during probate can generate disputes among beneficiaries if terms aren't clearly agreed upon and documented. Executors should consult with legal counsel before allowing any heir to occupy the property during the estate process.

Need Help With a Probate Property in Philadelphia?

Probate often involves much more than paperwork. Executors frequently find themselves responsible for maintaining, securing, and managing a property — sometimes from out of state — while the estate moves through the probate process. The decisions made in the first few weeks can have a significant impact on what the estate ultimately preserves.

At Probate Philly, we help Philadelphia families understand their options regarding inherited properties, probate real estate, property maintenance concerns, and estate-related housing decisions. Our estate support services include property management coordination, executor guidance, heir communication, and connecting families with the right local resources for their situation.

If you have questions about a probate property in Philadelphia, call 215-607-8607 for a confidential conversation. We'll give you a straight answer about where things stand and what needs to happen next.