Short answer

Yes — but only if the money is properly treated as estate funds and the person spending it is the lawful succession representative (executor/administrator) or has court authorization. Estate sale proceeds are estate assets. The succession representative must use estate assets to pay legitimate estate expenses (including reasonable cleanout, junk removal, and storage costs) before distributing the remainder to heirs, subject to any court supervision and creditor claims.

Detailed answer — what Louisiana law expects

Under Louisiana succession practice, the person charged with administering a succession (often called the succession representative) has the duty to gather estate assets, pay succession debts and administration expenses, and distribute what remains to heirs. That means proceeds from selling estate property become part of the succession estate and may be used to pay legitimate administration costs.

Who may spend sale proceeds?

• Only the succession representative (appointed by the will or by the court) may use estate funds for estate expenses. If no representative is appointed, heirs acting jointly should not spend estate proceeds except by agreement or with court approval.
• If someone other than the representative spends sale proceeds without authority, they can be held personally liable and the heirs or creditors can seek recovery through the court.

Which expenses are proper administration expenses?

Reasonable and necessary costs of preserving and administering the estate are ordinarily allowed. Common examples include:

• funeral and last-illness expenses;
• reasonable costs to secure, maintain, insure, and preserve estate property (including boarding, utilities, and routine repairs);
• costs to remove junk, clear out personal property, and clean a residence when these tasks are necessary to market the property or prevent loss; and
• reasonable storage and removal fees for personal effects while the estate is administered.

Costs must be reasonable in amount and related to protecting, preserving, marketing, or distributing estate property.

Sale of property and court authorization

Whether the representative may sell property and use the proceeds depends on the type of property and the authority granted by the will or the court. In many successions the representative has authority to sell movable property (furniture, vehicles, etc.) without a court order. Sales of immovables (real estate) often require judicial approval or specific authority in the will, especially if sale affects forced heirs or if the sale is not for partition. Always check whether court authorization is needed before selling real estate.

Priority of payments

Estate funds are used in this general order: reasonable funeral and last-illness expenses and costs of administration, then valid creditors. Only after debts and administration costs are paid may the representative distribute the residue to heirs. Keep in mind that if estate assets are insufficient, heirs may inherit subject to claims and the representative must follow Louisiana succession law on insolvent estates.

Recordkeeping and receipts

The representative should document every expense paid from estate proceeds: retain invoices, contractor estimates, before-and-after photos, and receipts from junk-removal and cleanout companies. Good records protect the representative from claims by heirs and creditors and help the court evaluate whether expenses were reasonable.

When you need court approval or written consent

• If the will does not grant explicit authority to sell property, request a court order approving the sale and use of proceeds for estate expenses.
• If heirs disagree about using proceeds for cleanout or selling personal property, get written agreement from the heirs or seek a judicial determination to avoid later disputes.
• If large sums are involved, or if the sale will substantially reduce an heir’s share (for example, selling a house that is the primary asset), seek court approval in advance.

Practical limits

Reasonableness is the key test. Examples of actions that courts often consider reasonable include hiring a licensed junk removal service to clear hazardous trash, paying a company to remove and properly dispose of large appliances that cannot be sold, or contracting for a cleanout so a house can be marketed. Courts may scrutinize large or luxury cleanups, repeated expense claims, or payments to friends/family without supporting invoices.

Where to find Louisiana law on successions

Louisiana’s Civil Code and succession rules govern these issues. You can review the state statutes and related materials on the Louisiana Legislature site; search for “successions” or “succession representative” at the Louisiana Legislature’s law search page: https://legis.la.gov/Legis/LawSearch.aspx?search=successions

Helpful hints

1. Confirm who is the lawful succession representative. Only that person should use estate funds.
2. Before selling real estate, check whether the will or court order authorizes the sale. When in doubt, get written court approval.
3. Get multiple written estimates for cleanout, junk removal, and storage so expenses look reasonable and competitive.
4. Keep detailed records: contracts, itemized receipts, photos, and a ledger showing deposits and disbursements from the estate account.
5. Deposit sale proceeds into a dedicated estate bank account rather than a personal account to avoid commingling and personal liability.
6. If heirs object to an expense, seek a written agreement from heirs or ask the court to approve the expense to avoid later claims against the representative.
7. If the estate may be insolvent, consult an attorney promptly — priorities and potential personal liability are more complex when assets are insufficient to pay debts.
8. When costs are substantial or facts are disputed, hire an attorney experienced in Louisiana succession law to file paperwork and, if needed, obtain court guidance.