The Short Answer

In Florida probate, the personal representative (executor) generally has the authority—and often the practical responsibility—to protect and preserve estate property, which commonly includes keeping essential utilities on and maintaining property insurance while the case is pending. The key is that these payments must be reasonable administration expenses and handled in a way that avoids personal liability and family disputes.

What Florida Law Says

Florida law gives the personal representative broad authority to manage, protect, and preserve estate assets during administration. That includes taking steps to safeguard real property and paying expenses incident to administration, which is where utility bills and insurance premiums typically fall when they are necessary to prevent damage, loss, code issues, or a lapse in coverage.

The Statute

The primary law governing this issue is Fla. Stat. § 733.612.

This statute authorizes a personal representative, acting reasonably for the benefit of interested persons, to insure estate assets and to pay expenses incident to administration—the legal foundation for keeping insurance and necessary utilities in place while probate is ongoing. See also the personal representative’s duty to take steps reasonably necessary for the management, protection, and preservation of the estate under Fla. Stat. § 733.607.

Why You Should Speak with an Attorney

While the statutes provide the general authority, applying them to a specific house, condo, or vacant property is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: Probate administration moves on court and creditor timelines, and the personal representative is expected to proceed expeditiously. See Fla. Stat. § 733.603. Delays can increase carrying costs and trigger disputes over whether expenses were “necessary.”
• Burden of Proof: If beneficiaries challenge spending, the personal representative may need to justify that utilities/insurance were reasonable to preserve value (for example, preventing mold, vandalism, or a coverage lapse).
• Exceptions (Homestead Issues): Florida homestead can change who controls the property and how expenses are handled. Even when a property appears to be protected homestead, the personal representative may be authorized to take limited possession to preserve, insure, and protect it pending determination. See Fla. Stat. § 733.608.

Trying to handle this alone can lead to denied reimbursement, allegations of mismanagement, or conflict with heirs—especially when the property is vacant, being sold, or potentially homestead.

If you want more background reading, these may help: Who pays the mortgage and utilities during Florida probate? and What maintenance expenses can be reimbursed 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.