Losing a loved one is difficult enough without having to worry about the pile of mail accumulating on the kitchen counter. Among those envelopes, you’ll almost certainly find a bill from the Homeowners Association (HOA).
If you are the executor or a family member stepping in to manage the estate, you probably have one burning question: “Do I have to pay this out of my own pocket?”
For most people, the immediate fear is that they are personally on the hook for every debt their loved one left behind. The good news is that the law generally protects your personal savings. However, the HOA bill can’t just be thrown in a drawer. Ignoring it can lead to aggressive legal actions—including foreclosure—that could threaten the inheritance itself.
Let’s break down exactly how HOA fees work during probate, who writes the check, and how to protect the property.
The Short Answer: Who Is Liable?
Let’s start with the most important rule of thumb: HOA fees are generally a debt of the estate, not the executor personally.
When a homeowner passes away, their assets and debts move into a temporary legal “holding tank” known as the estate. Until the property is legally transferred to an heir or sold to a new buyer, the estate is responsible for the upkeep. This includes the mortgage, taxes, insurance, and yes, the HOA dues.
However, you have to look at the timeline. There are usually two buckets of money owed:
- Arrears (Pre-death): Any dues the homeowner missed before they passed away. These are treated like credit card bills or other creditor claims.
- Administrative Costs (Post-death): The dues that keep piling up every month while you figure out the will. These are often considered “administrative expenses” necessary to preserve the asset (the house).
While you generally aren’t writing checks from your personal bank account, the house itself acts as collateral. If the estate runs out of cash, the HOA can place a lien on the property, meaning nobody gets paid from the eventual sale until the HOA gets their cut.
Understanding Estate Debts vs. Personal Liability
It is crucial to understand the “estate” as a separate legal entity. Think of the estate as a business that is closing down. It has assets (the house, bank accounts, a car) and liabilities (mortgage, credit cards, HOA fees).
Your job as the executor is to manage that business. You use the business’s money (estate funds) to pay the business’s bills.
When the Estate Pays
In a standard probate scenario, ongoing HOA fees are categorized as costs to preserve the estate’s assets. Because the house has value, and the HOA maintains the neighborhood that supports that value, the courts typically view these fees as a priority. You should use the funds in the deceased’s bank accounts to keep these current.
The Major Exception: Joint Tenants
There is one scenario where liability is immediate and personal. If you were on the deed with the deceased as a “Joint Tenant with Right of Survivorship” (common for spouses), the property—and the obligation to pay for it—transfers to you the moment they pass away. In this case, there is no probate “buffer.” You own the house, so you owe the fees immediately.
For those navigating the complexities of selling a house in probate, determining exactly who is on the title is the very first step.
When Do Heirs Become Responsible?
If you are an heir expecting to inherit the family home, you might wonder when the bill lands in your mailbox.
The Transfer of Title
Technically, heirs are not responsible for the HOA fees until the title legally transfers to them. This usually happens at the end of the probate process via a court order or a deed transfer. Until that gavel falls, the estate pays.
Immediate Title Transfer States
We have to add a disclaimer here: Real estate laws vary wildly by state. In some states (like Texas or North Carolina), the title might “vest” in the heirs immediately upon death. If you are in one of these jurisdictions, you might legally own the home (and the debt) much sooner than you think.
Residency Matters
A very common situation we see in 2026 is an adult child moving into the parent’s home during probate to “watch over the place.”
While the legal obligation might still rest with the estate, the practical reality is different. If the estate is cash-poor, or if the other heirs feel it’s unfair that you are living rent-free, you may need to cover the HOA dues informally. It keeps the peace and prevents creditor claims in probate from eating up the home’s equity.
Inheriting the Lien
Even if you don’t personally owe the debt, you inherit the property subject to the lien. You cannot accept the house but reject the bill. To keep the home, any outstanding HOA debt must be cleared.
Can an HOA Foreclose During Probate?
This is the most critical section of this article. Please read this carefully: Yes, an HOA can foreclose on a home even while the owner is deceased.
Many people assume that because a home is “tied up in court,” creditors can’t touch it. That is dangerous thinking. Unlike bankruptcy, which puts an “automatic stay” on collections, probate does not automatically stop foreclosure.
The “Super Lien” Risk
HOAs are aggressive because they rely on dues to pay their own bills. In about 20 states, laws grant HOAs a “super lien” status. This means if the dues go unpaid, the HOA’s lien can actually jump ahead of the first mortgage for a certain amount (usually 6 months of dues).
If the executor ignores the HOA notices, the board can:
- Record a lien against the property.
- File a Notice of Default.
- Auction the home on the courthouse steps.
If you are trying to stop foreclosure on inherited property, open communication with the HOA board is your best defense. They usually just want to know they will get paid eventually.
What If the Estate Has No Money?
Sometimes, you open the books and realize the estate is “insolvent.” There are more debts than assets, and there is no cash in the bank to pay the monthly HOA fee.
If the estate is cash-poor, do not drain your personal savings to float the property unless you are 100% sure you will be reimbursed. Instead, you have to look at liquidation options:
- Selling the Property: The executor may need to list the home immediately. The proceeds from the sale will pay off the HOA lien and the mortgage before any heirs see a dime.
- Short Sale: If the home is worth less than what is owed (mortgage + HOA debt), you might have to negotiate a short sale where the bank and HOA agree to take less money.
- Deed in Lieu: In extreme cases, the estate might surrender the property to the bank or HOA to satisfy the debt.
5 Actionable Steps for Executors
If you have been named the personal representative, here is a quick checklist to manage the HOA without losing your mind (or the house).
- Locate the Documents: Find the “CC&Rs” (Covenants, Conditions, and Restrictions) and the most recent HOA statement. You need to know exactly how much is owed and when.
- Contact the Board Immediately: Do not let them guess why the payments stopped. Notify the property management company of the death. This prevents them from assuming the property has been abandoned.
- Assess Liquidity: Look at the estate’s bank accounts. Is there enough cash to keep the HOA current for 6–12 months? If yes, set up the payments.
- Request a Waiver: Ask the board politely if they will waive late fees or interest that accrued in the weeks immediately following the death. Many boards will agree to this if you communicate clearly.
- Maintain the Property: The HOA can fine the estate for overgrown grass or peeling paint. Use estate funds to keep the lawn mowed. It preserves the home’s value for the sale and keeps the HOA off your back.
These steps are part of a broader executor duties checklist that helps keep the probate process moving smoothly.
Frequently Asked Questions
Disclaimer: We are real estate experts, not attorneys. Probate laws and HOA statutes vary significantly by state and are subject to change. For specific advice regarding your situation, please consult with a qualified probate attorney or estate planner.
