Legal Question in Wills and Trusts in California

Yes, generally executor needs to pay the mortgage from the estate before the distribution.

Just the monthly mortgage payments, not the whole mortgage.

Unless you want the bank rather than the heirs to get the house, of course the mortgage must be paid.

In the case of an estate with insufficient cash to pay the mortgage where the house is going to be sold, sometimes you can get a bank to work with you if they know it is on the market but I can tell you that having just dealt with Washington Mutual bought out by Chase, finding a competent human to talk to is difficult. Then again, if the property is not going to sell quickly, the foreclosure process will start and you will lose a lot. If you can, monthly payment should be made.

Only if you don't want the lender to foreclose.

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