Detailed Answer — How Georgia law treats cleanup and removal costs in estate administration

Short answer: Yes — in Georgia, a properly acting personal representative (executor or administrator) may generally use estate assets, including sale proceeds, to pay reasonable and necessary administration expenses such as junk removal, cleanup, and preparing property for sale. Those payments must be documented, reasonable, and made consistent with the duties and accounting rules that apply to estate administration under Georgia law.

This answer explains when cleanup and removal costs are considered legitimate estate administration expenses, how sale proceeds may be used, and what steps a personal representative should take to protect the estate and themselves.

Why cleanup and junk removal are often allowed

Under Georgia probate practice, a personal representative has a duty to preserve estate assets and to take reasonable steps to convert assets to cash when necessary to pay debts, taxes, and administration expenses, and to distribute the estate according to the will or intestacy rules. Reasonable costs that are necessary to:

• make real property saleable (e.g., remove debris, haul away junk, repair safety hazards);
• protect or preserve personal property (e.g., cleaning, securing, or storing items before sale or appraisal);
• comply with local code or safety orders (e.g., hazardous materials removal);

are typically considered proper expenses of administration that may be paid from estate assets, including proceeds from sales of estate property.

When sale proceeds are already on hand

If the estate already holds sale proceeds (for example, money from selling the decedent’s house or personal property), those funds are estate assets. The personal representative normally may use those proceeds to pay lawful administration expenses before distributing net proceeds to heirs or beneficiaries. The representative must follow the estate’s priority rules (pay debts, taxes, and administration costs) and must keep accurate accounting and receipts.

Limits and caveats under Georgia law

• Reasonableness: Expenses must be reasonable in amount. Paying an excessive rate or hiring contractors without comparison quotes can lead to disputes or court rejection of the charge.
• Necessity and purpose: Cleanup that is necessary to preserve the estate or to reasonably enable sale is more likely to be allowed. Cleanup that primarily benefits a particular heir (for example, cleaning for an heir who will occupy the property) should be approved by the court or by agreement with heirs.
• Authority to sell or spend: If the will or the probate court limits the personal representative’s powers, or if there is a dispute about selling property, the representative should get court approval before selling property or spending significant amounts. For routine expenses, the representative’s normal powers will usually suffice; for extraordinary or contested expenditures, seek court permission.
• Priority and claims: Estate funds should first be used to pay funeral expenses, taxes, secured debts, and other priority obligations under Georgia law, before distributions to beneficiaries. Personal representatives must also follow notice and creditor-claim rules before distributing remaining funds.
• Accounting and court oversight: The representative must keep detailed records, provide inventory and accountings to the probate court when required, and be prepared to justify charges to heirs or the court.

Relevant Georgia authority

Georgia’s estate and probate statutes govern the duties and powers of personal representatives and the treatment of administration expenses. The Official Code of Georgia Annotated (O.C.G.A.) contains the governing law for probate, including the administration of estates and the duties of personal representatives. For the full text of Georgia probate law see the Georgia General Assembly’s official website: https://www.legis.ga.gov (search Title 53, Wills, Trusts, and Administration of Estates).

Because specific citation needs vary by situation (type of proceeding, whether probate is supervised or unsupervised, language in the will), consider confirming the specific code sections that apply to your matter on the Georgia General Assembly website or with local probate court rules.

Practical steps a personal representative should take

1. Determine authority: Review the will (if any) and the letters testamentary or letters of administration issued by the probate court to confirm your authority to pay expenses and sell property.
2. Prioritize expenses: Follow probate priority rules — pay funeral, taxes, secured debts, and necessary administration costs before distributing funds.
3. Document necessity and reasonableness: Obtain multiple estimates for junk removal and cleanup when possible. Keep written contracts, receipts, before-and-after photos, and invoices.
4. Use estate bank accounts: Deposit sale proceeds into an estate account and pay expenses from that account to create a clear record.
5. Notify interested parties: Give heirs and creditors notice as required. If heirs agree in writing to a particular expenditure, keep that agreement in the file.
6. Seek court approval for disputed or large expenses: If an heir objects or the expense is large or unusual, ask the probate court to approve the expense to avoid later personal liability.
7. Prepare inventory and accounting: File required inventories and final accounting with the probate court; show how sale proceeds were used to pay valid expenses.

Example (hypothetical)

Suppose a decedent leaves a house full of debris and household items. The personal representative sells the house and holds the proceeds in the estate account. The representative hires a licensed junk-removal service to clear the property so it can be safely shown and sold. The cost is reasonable compared with local market rates and is supported by receipts and before/after photos. In this common scenario, under Georgia probate practice the representative may properly pay the cleanup expense from the estate funds and account for it in the estate records before distributing net proceeds to beneficiaries.

When to get a lawyer or ask the court

Consider getting legal help or asking the probate court to rule when:

• expenses are large or disputed by heirs;
• an heir wants specific personal property instead of money and objects are costly to remove or store;
• there are questions about whether the expenditure benefits the estate or a particular heir;
• the estate is insolvent or there are numerous creditor claims.

A Georgia probate attorney can help request court approval, prepare required filings, and advise on priority of payments and potential personal liability.