Detailed Answer
Disclaimer: This is general information only and not legal advice. Laws change and every estate is different. Talk with a Louisiana succession lawyer or the succession court before relying on any suggestion below.
When someone dies and their property must be preserved or sold, the person handling the succession (the executor, testamentary trustee, or administrator) can generally pay and seek reimbursement from the estate for reasonable, necessary expenses incurred to preserve, protect, and administer estate property. In Louisiana, the same practical categories apply that you will see in succession practice: costs that are ordinary, necessary, and directly connected to preserving the estate are typically recoverable; personal or extravagant expenses normally are not.
Common categories of reimbursable expenses
- Insurance premiums: Homeowner, flood, or hazard insurance kept current to avoid loss and preserve value.
- Property taxes and assessments: Real estate taxes and assessments that must be paid to avoid liens or forced sales.
- Utilities and basic services: Electricity, water, gas, trash removal, and reasonable heating to prevent damage (e.g., frozen pipes).
- Security and preservation: Boarding up, lock changes, alarm or monitoring service, locksmith, and emergency boarding to prevent vandalism or theft.
- Immediate, necessary repairs: Emergency repairs (roof leaks, broken windows, plumbing stops) to prevent further deterioration. Routine maintenance to keep the property marketable (lawn mowing, pest control) is commonly allowed.
- Ordinary maintenance and upkeep: Cleaning, lawn care, winterization, pest control to preserve value and prepare the property for sale.
- Storage and moving costs: Secure storage of estate items, moving of personal property to protect it or prepare property for sale.
- Appraisal and inspection fees: Professional appraisal, structural and environmental inspections that inform value or risk and support sale decisions.
- Real estate sales costs: Real estate broker commissions, advertising, title work, closing fees, recording fees, and notary charges connected to selling estate property.
- Accounting, tax preparation, and filing fees: Preparing estate and final income tax returns and paying related fees required of the estate.
- Attorney and professional fees: Reasonable legal fees and fees for estate administration, accounting, or other professionals hired to protect or wind up the estate (usually payable from estate assets subject to court approval or statutory allowances).
- Loan payments and mortgage interest (necessary): If keeping current payments is necessary to protect the property and prevent foreclosure, those payments are often reimbursable. Taking new loans on estate property generally requires court approval.
- Funeral and burial expenses: These are priority estate expenses in many successions and are typically payable from estate assets.
- Costs associated with obtaining appointment and administration: Court filing fees, publication/notice fees, and other costs to open and supervise the succession.
Expenses that are usually not reimbursable
- Personal expenditures of the administrator that are unrelated to estate preservation.
- Luxury or nonessential improvements meant to increase market value beyond ordinary repairs (e.g., high-end remodels) unless the court approves.
- Unauthorized loans or payments made without appointment or court permission, especially if they harm the estate or creditors.
- Actions taken in bad faith or that create liability for the estate.
Special Louisiana practice points
Louisiana successions are handled in district court. The administrator or executor should follow court rules and local practice. Key practical points:
- If you act before formal appointment, keep detailed records. Courts will consider whether pre-appointment expenses were reasonable and necessary when approving reimbursement.
- Major acts (selling real estate, borrowing against estate assets, or making major improvements) often require court authorization or written consent of heirs prior to incurring cost.
- Executors and administrators must usually render an inventory and accounting to the succession court and to heirs or legatees. Reimbursement is approved through that accounting process or by specific court order.
- Priority of payment: estate assets first pay valid creditors and expenses of administration (including reimbursement to the administrator for proper expenses) before distribution to heirs or legatees.
How to preserve your right to reimbursement
- Document everything: keep receipts, invoices, contracts, photographs (before and after), and proof of payments.
- Get estimates and written bids for repairs and preservation work. Keep records of emergency decisions and the reasons they were necessary.
- Obtain court approval in advance for large expenditures, loans, or sales when possible. When advance approval is not practicable, be prepared to explain why the expenses were necessary in an accounting to the court.
- Maintain a separate estate bank account for receipts and payments related to the estate. Avoid mixing estate funds with personal funds.
- Prepare and file inventories and periodic accountings as required by the court and local rules.
- Communicate with heirs and beneficiaries about needed steps and costs. Written agreements from heirs can help support reimbursement requests for non-routine expenses.
What to do next
If you are administering an estate in Louisiana and expect to spend money on preserving or selling property, do the following:
- Keep detailed records of every expense and payment.
- If possible, ask the succession court for guidance or for authorization before large expenditures.
- Consider consulting a Louisiana succession attorney early—especially before selling property, borrowing against estate assets, or making major repairs. An attorney can help ensure reimbursement is allowed and properly documented.
Helpful Hints
- Always get written estimates for repairs and keep before-and-after photos.
- Use a dedicated estate bank account to track payments and receipts clearly.
- Label every receipt with the estate name, the property address, and the purpose of the expense.
- If an expense is urgent, make a contemporaneous note explaining why it could not wait for court approval.
- Check with the succession clerk or local court website about required filings and timelines for inventories and accountings.
- When in doubt, ask the court or a Louisiana lawyer; court approval strengthens reimbursement rights and reduces disputes with heirs.
For official Louisiana legislative resources and to search statutes and court rules that govern succession practice, visit the Louisiana Legislature website: https://legis.la.gov/. You can also contact the clerk of the district court where the decedent lived for local succession procedures.
Final note: Every succession has different facts. Courts review the reasonableness and necessity of expenses. Proper documentation and, when appropriate, court approval make reimbursement far more likely.