Short overview: When someone dies, the person handling the estate (the personal representative) must protect and preserve estate property until it is sold or distributed. Florida law allows the estate to pay reasonable and necessary costs incurred to maintain and preserve estate property as administration expenses. Keep careful records, get receipts, and — for large or unusual expenses — get permission from the court or written consent from beneficiaries.

Relevant Florida law

Estate administration and a personal representative’s duties and powers are governed by Florida’s probate statutes, particularly Chapter 733 (Florida Probate Code). See: Florida Statutes, Chapter 733. The chapter provides the framework for what expenses are considered administration costs and how they are paid from estate assets.

Common types of reimbursable expenses for maintaining estate property

The following categories are typically considered reasonable, reimbursable administration expenses if they are necessary to preserve estate property or prevent loss of value. Keep in mind that reasonableness and necessity can depend on the facts and may require court approval if disputed.

• Utilities: Electricity, water, gas to keep systems running, prevent freezing, or maintain a habitable property for sale or showing.
• Insurance: Homeowner’s or hazard insurance premiums to avoid uncovered loss while the estate controls the property.
• Property taxes and assessments: Real estate taxes, municipal assessments, and special assessments that could create liens or lead to penalties if unpaid.
• HOA/condo fees: Homeowners or condominium association dues necessary to avoid fines, lien threats, or loss of common services.
• Security and vacancy protection: Alarm monitoring, boarding up windows, locksmiths, security patrols to prevent vandalism or theft.
• Lawn care, snow removal, pest control: Routine upkeep to avoid code violations, neighborhood complaints, or property deterioration.
• Immediate/ emergency repairs: Fixing roof leaks, broken pipes, or other urgent items that would cause rapid loss of value if not addressed.
• Reasonable repairs or preservation work: Work necessary to make the property marketable or to avoid greater future damage (minor roof or HVAC repairs, replacing broken windows).
• Appraisal and inspection fees: Professional valuations and inspections used to set listing price or identify necessary repairs.
• Removal, storage, and clean-out costs: Reasonable costs to remove personal property, debris, or hazardous materials that prevent sale or pose liabilities.
• Real estate brokerage, marketing, and closing costs: Real estate commissions, advertising, title fees, and closing costs when the estate sells property.
• Mortgage or secured debt payments: Payments to keep the property current and avoid foreclosure. (Check the estate cash flow and consult counsel about what payments are appropriate.)

Expenses generally not reimbursable (or needing advance approval)

• Major improvements or renovations done solely to increase sale proceeds (e.g., large remodels) without beneficiary consent or court approval.
• Personal expenses of beneficiaries or non-estate-related expenditures.
• Excessive or luxury maintenance that is not necessary to preserve value.
• Payments that exceed the estate’s available funds without prior court authorization.

How to get reimbursed — practical steps

1. Open an estate bank account: Deposit funds from the estate (and route payments through this account) to avoid co-mingling and to provide an audit trail.
2. Document everything: Save receipts, invoices, contracts, photos (before/after), emails, and proof of payment. Note dates, purpose, and link to estate property.
3. Keep a contemporaneous log: Track who authorized the expense and why it was necessary to preserve property value.
4. Get beneficiary consent where practical: If beneficiaries agree in writing to particular repairs or improvements, disputes are less likely and court approval may not be needed.
5. Seek court approval for large or disputed expenses: For major repairs or expenditures that beneficiaries object to or where estate funds are limited, file a petition with the probate court for prior approval.
6. Include expenses in estate accounting: The personal representative’s final accounting should list all administration expenses and seek reimbursement from estate funds before distributions to beneficiaries.
7. Pay priority debts first: Administration expenses are paid according to Florida priority rules. When in doubt, consult a probate attorney to confirm payment order.

What to prepare for the final accounting or court review

When seeking reimbursement from the estate, be ready to provide:

• Itemized receipts and invoices.
• Proof of payment (estate check copies, bank statements from the estate account).
• Photos showing condition before and after work (if relevant).
• Estimates or bids for larger jobs and evidence that the cost was reasonable in your market.
• Written consents from beneficiaries (if obtained).

If beneficiaries dispute reimbursement

Disputes sometimes arise over whether an expense was necessary or reasonable. Options include mediation, seeking a court ruling on allowance of the expense, or negotiating a compromise. If you anticipate disagreement, seek court approval before spending significant sums.

Final notes and protections for personal representatives

A personal representative who acts reasonably and in good faith, keeps detailed records, and follows court procedures generally reduces personal exposure to claims. If large expenses are needed and estate funds are limited, ask the court for specific instructions or permission to proceed.

Disclaimer

This information is educational and explains general Florida probate practice. It is not legal advice, does not create an attorney-client relationship, and may not apply to specific situations. For case-specific guidance, consult a licensed Florida probate attorney.

Helpful Hints

• Open an estate bank account immediately and pay all estate-related bills from that account.
• Take dated photos of the property on taking control — they create a clear record of condition.
• Get multiple bids for repair work when practical to show reasonableness.
• Ask beneficiaries to sign written consents for non-emergency repairs to reduce later disputes.
• Contact the county tax collector or property appraiser to confirm tax deadlines and avoid penalties.
• Keep communications with beneficiaries in writing (email or letters) documenting requests and approvals.
• If foreclosure on a mortgage is possible, act quickly and consult counsel about allowable mortgage payments from the estate.
• For large or unusual expenses, petition the probate court for instructions or authority before spending estate funds.