Legal Question in Wills and Trusts in North Carolina

It depends on what the will or trust says. If the mortgage/trust provides that the mortgage is to be satisfied, it must state that. If the will/trust is silent, then the heir receives the property but subject to the mortgage. This means that the heir now has to pay for the property if he/she wants to keep it.

No matter what the mortgage needs to be paid. The facts of each situation will determine who is responsible but from the lender's perspective - they do not care. If it doesn't get paid, then they will foreclose.