Pennsylvania — Tracking and Reimbursing Estate Property Maintenance Expenses

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

How to Track and Seek Reimbursement for Costs of Maintaining Estate Property Before Sale

Not legal advice. This article explains general Pennsylvania law and practical steps for executors, administrators, or anyone maintaining estate property. Consult an attorney or the Orphans’ Court for advice about your situation.

Detailed answer — what you can reasonably expect to have reimbursed under Pennsylvania law

When someone dies, the person appointed to handle the estate (the executor or administrator, often called a fiduciary) must preserve estate assets until the estate is settled and property is sold or distributed. Pennsylvania law gives the court and fiduciaries broad responsibility to protect estate assets. Reasonable and necessary expenses that preserve the value of estate property are normally paid out of estate assets as administration expenses before distributions to beneficiaries.

Relevant Pennsylvania law on decedents’ estates and fiduciary duties appears in Title 20 of the Pennsylvania Consolidated Statutes (Decedents, Estates and Fiduciaries). For an overview of the statutory framework, see 20 Pa.C.S. (Decedents, Estates and Fiduciaries): https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=20. The Orphans’ Court supervises estate administration in Pennsylvania counties; basic information is at the Pennsylvania Courts site: https://www.pacourts.us/.

Although the specifics depend on the estate, common categories of expenses that are typically allowable as estate administration expenses and reimbursable from estate funds include:

  • Utilities and basic services: electricity, gas, water, sewer, and basic trash service needed to maintain the property and prevent damage (e.g., running heat to avoid frozen pipes).
  • Insurance: hazard, flood, or other property insurance premiums to protect the property while it remains part of the estate.
  • Property taxes and assessments: local property taxes, municipal or school taxes, and special assessments due during administration to avoid liens that would reduce sale proceeds.
  • Security and safety: reasonable security measures (locks, alarm monitoring, boarding broken windows) to prevent vandalism or squatters.
  • Routine maintenance: lawn care, snow removal, seasonal maintenance, cleaning, and basic upkeep that preserve curb appeal and value.
  • Necessary repairs: emergency or necessary repairs to stop further deterioration (roof leaks, broken pipes, mold remediation, foundation shoring). Reasonable cost is key — cosmetic upgrades to increase sale price can be acceptable if they are ordinary and reasonable.
  • HOA or condo fees: homeowners’ association dues (if they remain due while the property is unsold) to avoid penalties or liens.
  • Inspection and appraisal fees: property inspections, appraisals, environmental or termite inspections needed to market or sell the property.
  • Real estate marketing and sale costs: reasonable realtor commissions, advertising costs, staging and professional photos — typically paid at closing from sale proceeds.
  • Moving, storage, and removal: costs to remove personal property, store estate items, or pay for cleanouts when necessary to sell the property.
  • Permits and professional services: necessary permits, contractor fees for required repairs, and reasonable legal or accounting costs directly tied to preparing the property for sale.

Expenses that are purely discretionary, extravagant, or unrelated to preserving estate value (for example, large luxury renovations intended to convert the property to a different use) may be questioned by beneficiaries or the court and might not be approved for reimbursement without prior court approval.

When do you need court approval?

Small, routine expenditures to protect property are normally within a fiduciary’s authority. However, you should seek Orphans’ Court approval before committing estate funds when:

  • the expense is large or unusual;
  • the expense will materially reduce estate value;
  • you plan non-emergency renovations or improvements intended to increase marketability or sales price; or
  • the will or beneficiaries object to a proposed expense.

Bring a petition to the Orphans’ Court in the county handling the estate asking for authorization. The court can approve expenses or direct how they should be handled. Local Orphans’ Court procedures vary; see the Pennsylvania Courts site for links to county pages: https://www.pacourts.us/.

How reimbursement is normally handled

Reimbursement for allowed expenses typically comes from estate funds before distributions to beneficiaries. If the fiduciary paid expenses personally, they can request reimbursement by providing documentation. The fiduciary must account for all receipts and disbursements in the estate accounting presented to the court and beneficiaries. Beneficiaries can object, and the court will resolve disputes.

Hypothetical example

Executor Jane takes over an estate that includes a single-family house. She pays two months of electricity and water ($250), arranges lawn care and snow removal ($150), hires a contractor for an emergency roof repair to stop leaks ($3,500), pays the annual property tax installment due ($1,200), and gets a market appraisal ($400). Jane keeps all receipts, deposits rent checks and potential offers into the estate account, and lists these items in the estate accounting. The Orphans’ Court later approves these ordinary and necessary costs and allows reimbursement before the estate’s net proceeds are distributed to heirs.

How to document and present expenses for reimbursement

  1. Open and use a dedicated estate bank account for estate income and expenses. Do not mix personal funds unless you will seek reimbursement and track everything closely.
  2. Keep original receipts, paid invoices, contracts, pictures of damage before/after, and written estimates for repairs or services.
  3. Record date, vendor, purpose, and beneficiary of each expense in a ledger or spreadsheet. Note whether the expense was pre-authorized by the court or beneficiaries.
  4. If you pay personally, submit an itemized request with receipts to the estate account and include it in the fiduciary’s periodic accounting filed with the Orphans’ Court.
  5. Seek written beneficiary consent for non-routine expenses when possible, or petition the court in advance for approval of major expenditures.
  6. Keep all communications about the property, bids, and decisions so the court can review the fiduciary’s reasonableness if someone objects.

Priority and tax considerations

Administration expenses (including reasonable costs to preserve estate assets) are usually paid before distributions to beneficiaries. If the estate has insufficient liquid funds, the fiduciary may ask the court for instructions — for example, to sell the property quickly or to authorize borrowing. Also track expenses for tax reporting: reimbursements and sale proceeds affect estate income and the decedent’s final tax filings; consult a tax professional for detail.

What to do if a beneficiary objects

If a beneficiary objects to a reimbursement claim, the Orphans’ Court resolves the dispute. The court will examine whether the expense was reasonable, necessary, and properly documented. Having a clear paper trail, timely communications with beneficiaries, and (when appropriate) prior court approval helps avoid disputes.

Helpful hints

  • Open an estate bank account immediately and use it for all estate transactions.
  • Get at least two competitive bids for anything but emergency repairs; document why you chose a particular contractor.
  • Preserve photos and dated records showing the property condition that made expenditures necessary.
  • Inform beneficiaries early and often; written consent reduces later challenges.
  • Ask the Orphans’ Court for guidance or a court order if you are unsure whether an expense is allowable.
  • Keep payments reasonable — avoid cosmetic “upgrades” unless the cost-benefit clearly favors the estate and you have approval.
  • Track time you spend managing the property; in some situations the fiduciary may be allowed reasonable compensation, but rules vary and court approval is often required.
  • Consult a Pennsylvania attorney familiar with probate and Orphans’ Court practice for complex estates, contested administrations, or large expenditures.

Reminder: This article summarizes general principles under Pennsylvania law and suggests best practices. It is not legal advice. For personalized guidance, contact an attorney or the Orphans’ Court handling the estate.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.