Can I recover expenses I paid for preparing and selling estate property from the estate as a reimbursement? - Florida
The Short Answer
Often, yes—reasonable, necessary costs you personally advanced to preserve, maintain, or market estate property may be treated as estate administration expenses and reimbursed from estate assets, but reimbursement can be disputed and may require court review. If the property is (or may be) protected homestead, reimbursement rules can be different and more technical.
What Florida Law Says
In Florida probate, estate assets are generally used to pay the estate’s “expenses of the administration.” That concept commonly includes legitimate costs incurred to manage, preserve, and liquidate estate property (for example, costs tied to a sale). Separately, Florida law also recognizes that the sale of real or personal property can qualify as an “extraordinary service” for which a personal representative may seek additional compensation—distinct from simple reimbursement of out-of-pocket expenses.
The Statute
The primary law governing this issue is Fla. Stat. § 733.608.
This statute establishes that estate property (generally excluding protected homestead) is an asset in the hands of the personal representative for purposes that include paying “expenses of the administration.”
Also relevant in sale situations: Fla. Stat. § 733.617 provides that a personal representative may receive reasonable additional compensation for “extraordinary services,” including the sale of real or personal property.
Why You Should Speak with an Attorney
Even when an expense feels obviously “estate-related,” reimbursement fights are common—especially when beneficiaries believe the spending was unnecessary, too high, or benefited one person more than the estate. Legal outcomes often depend on:
- Strict Standards and Court Scrutiny: If an interested person challenges what was paid or claimed, the probate court can review the propriety and reasonableness of compensation and payments in the administration. See Fla. Stat. § 733.6175.
- Burden of Proof: You may need to show the expenses were reasonable, necessary, and incurred for the estate’s benefit (not personal benefit), with documentation and a clear connection to administration or sale.
- Homestead Complications: If the property is (or may be) protected homestead, the personal representative’s authority and reimbursement rights can change significantly, including potential lien rights for certain preservation-related expenditures. See Fla. Stat. § 733.608(2)-(3).
Because reimbursement requests can affect distributions and trigger objections, it’s smart to have a Florida probate attorney frame the request correctly, evaluate homestead issues, and reduce the risk of a surcharge or denial.
If you want more background, you may find these helpful: what counts as an estate expense and executor reimbursement in Florida and reimbursable property maintenance expenses before a sale.
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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.