Short answer

Yes. Proceeds from the sale of estate property in California are estate assets and can generally be used to pay reasonable and necessary administration expenses, including costs to remove junk, clean up personal property, secure and prepare a home for sale, and similar property-preservation work. However, the executor or administrator must follow probate rules, document expenses, avoid improper use of funds, and—when costs are large or disputed—may need court approval.

How this works under California law

When someone dies, the estate includes cash, real estate, and personal property. Money raised by selling estate property becomes part of the estate. The person in charge (the personal representative, often called an executor or administrator) has a duty to preserve estate assets and to pay the expenses of administration before making distributions to heirs or beneficiaries.

What counts as an administration expense?

• Reasonable costs to preserve, protect, and prepare estate property for sale, such as junk removal, hauling away personal property, cleaning, boarding up, winterizing, or minor repairs necessary to avoid waste.
• Security, insurance, storage, and utilities required to protect property while the estate is being administered.
• Costs of sale (real estate commissions, closing costs) and professional services required for administration (appraisals, moving companies, estate sale companies).

Legal framework and priorities

California Probate Code governs estate administration. The code directs that administration expenses are paid out of estate assets before distributions to beneficiaries. For general information about probate procedures and administration, see the California Probate Code and the California Courts probate self-help pages:

• California Probate Code (full text)
• California Courts — Probate self-help

Practical considerations for executors and administrators

Follow these rules to reduce disputes and protect yourself from personal liability:

1. Use an estate bank account. Deposit sale proceeds to the estate account and pay expenses from that account. Do not commingle estate funds with personal funds.
2. Document everything. Keep invoices, receipts, contracts, before-and-after photos, and written estimates for removals, cleaning, and repairs.
3. Pay only reasonable and necessary expenses. Get multiple bids for large jobs, when practical, and choose competitively priced, documented services.
4. Notify beneficiaries. Give beneficiaries reasonable notice that work will be done and that funds will be used from estate proceeds. That reduces surprises and objections later.
5. Consider court approval for contested or large expenses. If beneficiaries object or the work is expensive or unusual, file a petition for instruction or for approval of the expense with the probate court to obtain explicit authorization.
6. Handle hazardous or regulated waste properly. For items that require special disposal (e.g., chemicals, asbestos, biohazardous material), use licensed contractors; failure to follow disposal laws can create liability for the estate and the personal representative.

When you might need court involvement

Court approval is prudent or required in situations such as:

• Large or extraordinary expenses that beneficiaries might dispute.
• Sales that require court confirmation (for example, sale of real property where the will or relevant law requires it).
• When the personal representative lacks authority under the will or statute to sell property without court order.
• When the estate is insolvent or there is uncertainty about priority of claims; you should confirm whether an expense is payable before distributing assets.

What beneficiaries should know

Beneficiaries are entitled to know how estate funds are spent. They can request an accounting, object to unreasonable expenses, or petition the court to remove a personal representative who misuses funds. If the representative pays for unnecessary items or misuses sale proceeds, beneficiaries can ask the court to surcharge the representative (hold them personally liable) and seek recovery.

Step-by-step checklist for using sale proceeds to pay cleanup and removal

1. Open an estate bank account and deposit sale proceeds there.
2. Obtain written estimates and contracts from reputable removal/cleaning contractors.
3. Keep detailed invoices, proof of payment, photos, and before/after documentation.
4. Notify beneficiaries of planned expenses and give them an opportunity to object.
5. If expenses are large or disputed, petition the probate court for approval (petition for instructions or order authorizing payment).
6. File the required accounting with the court at the proper time and include these expenses.

Examples (hypotheticals)

Example 1: A decedent’s house contains years of accumulated junk that must be removed before a realtor will market the property. The executor sells some furniture and deposits the proceeds to the estate account, then hires a junk removal service for $2,500. This is likely a reasonable administration expense if documented and paid from estate funds.

Example 2: The executor uses sale proceeds to pay for a major renovation that is not necessary to preserve value or to sell the property (for example, an expensive kitchen remodel to increase sale price). That may be questioned by beneficiaries and might require court approval beforehand.

When to talk to a probate lawyer

Consult a probate attorney if any of these apply:

• Expenses are substantial or beneficiaries disagree.
• There is uncertainty whether you have authority to sell property or spend proceeds.
• The estate may be insolvent or has creditor claims that affect payment priority.
• Hazardous materials or regulated disposals are involved.

Helpful Hints

• Always use an estate account for deposits and payments; avoid commingling.
• Keep complete records: contracts, receipts, photos, and communication with beneficiaries.
• Get at least two bids for expensive cleanup or removal jobs.
• Ask the contractor to provide detailed invoices showing labor, disposal fees, and any special handling.
• If unsure, get a quick court order authorizing the expense—this protects you as the personal representative.
• Check local disposal rules for hazardous items; improper disposal can create civil and criminal exposure.
• Use county or court self-help resources to learn about filing a petition for instructions or approval before acting.

Disclaimer: I am not a lawyer and this is not legal advice. This article explains general principles under California law and provides practical tips. For advice about a specific situation, consult a licensed California probate attorney.