Detailed Answer
Short answer: As a personal representative (executor/administrator) in Maine, you can generally have the estate reimburse reasonable and necessary expenses you incur to preserve, maintain, and prepare estate property for sale. That includes ordinary carrying costs (mortgage, taxes, insurance, utilities), emergency and routine repairs, maintenance (lawn care, winterization, pest control), security, appraisals and inspections, real estate marketing costs, and professional fees reasonably related to the sale. Keep careful records, get court approval when required, and avoid unnecessary or extravagant expenses without beneficiary consent.
What kinds of expenses are typically reimbursable
- Carrying costs: Mortgage or loan payments on estate property, property taxes, hazard and liability insurance, homeowners association (HOA) fees, and utility bills necessary to keep the property in marketable condition.
- Security and preservation: Alarm monitoring, boarding up windows, locks and rekeying, temporary fencing, and routine checks to prevent vandalism or deterioration.
- Routine maintenance: Lawn care, snow removal, HVAC servicing, pest control, cleaning, and winterization to keep the property from falling into disrepair.
- Repairs and emergency work: Repairs needed to prevent further damage (e.g., roof tarping after storm damage, fixing a broken pipe). These are often prioritized for immediate reimbursement when they protect estate value.
- Pre-sale preparation and marketing: Reasonable costs for staging, professional cleaning before listing, photography, professional appraisals, inspections, title searches, realtor fees (typically paid at closing from sale proceeds), and advertising expenses.
- Professional fees: Reasonable fees for an attorney, accountant, real estate broker, or contractor hired to assist with administration, valuation, or sale of estate property.
- Transportation and storage: Costs to move and store estate personal property associated with preparing a home for sale.
What may not be reimbursed (or may require special approval)
- Extravagant or unnecessary improvements: Large capital improvements that increase personal value but are not necessary to sell the property may be contested by beneficiaries unless previously approved by the court or by beneficiaries in writing.
- Personal expenses: Any expenses that benefit the personal representative personally (not the estate) are not reimbursable.
- Unauthorized borrowing or risky actions: Taking out loans or entering into contracts without appropriate authority can lead to personal liability.
How reimbursement normally works in Maine
Expenses that are necessary for administration are generally paid from estate funds as part of the administration process, and the personal representative may be reimbursed from the estate’s assets. If the estate does not have funds on hand, the personal representative should seek court approval before spending significant sums or should obtain written consent from beneficiaries. Maine probate courts supervise administration and can resolve disputes over whether particular expenses are proper. For general information about probate procedures, see the Maine Judicial Branch: https://www.courts.maine.gov/. For the full text of Maine statutes, use the Maine Legislature site: https://legislature.maine.gov/.
Documentation and accounting — what to track
Good records are essential. For every expense you should:
- Keep original receipts, invoices, and paid statements.
- Note date, vendor, purpose, and which property the expense relates to.
- Record whether the expense was paid from estate funds or personally by the representative.
- Keep before-and-after photos for repairs and maintenance where helpful.
- Track time spent if you are charging for services you personally performed (some courts limit self-dealing and require that personal service be reasonable or approved).
Practical steps to avoid disputes
- Open an estate bank account and pay estate expenses from that account when possible.
- If possible, obtain beneficiary consent in writing for non-routine or high-cost expenditures.
- Get at least one written estimate for any significant repair or improvement and keep competitive bids for the record.
- Request interim accounting or court approval for large or disputed expenditures before incurring them.
- Work with professionals (attorney, CPA, real estate broker) when sale strategy or legal authority is unclear.
When to ask the probate court or get a lawyer
Ask the court or consult a lawyer if:
- There are insufficient liquid estate funds to pay necessary carrying costs.
- Beneficiaries disagree about proposed repairs or sale strategy.
- You need to make substantial repairs or improvements before selling.
- There is a question about your authority to sell or encumber property, or potential personal liability.
For procedural rules and filing requirements in Maine, and to locate the appropriate probate court office, start at the Maine Judicial Branch website: https://www.courts.maine.gov/. For statutory text, visit the Maine Legislature: https://legislature.maine.gov/.
Important: This content explains common practice and typical categories of reimbursable expenses in estate administration in Maine. Specific authority and procedures can vary by case and by the language of the will, so consult the probate court or a Maine probate attorney if you face uncertainty or a dispute.
Disclaimer
This is educational information, not legal advice. I am not a lawyer. For guidance specific to your situation and binding legal advice, consult a licensed Maine probate attorney or the probate court.
Helpful Hints
- Always collect and keep original receipts—digital photos of receipts are fine if stored with a clear index.
- Open a dedicated estate bank account right away to avoid commingling personal and estate funds.
- Get emergency repairs done first to protect property value; document the emergency in writing.
- Obtain written beneficiary consents for non-routine or high-cost work to reduce later disputes.
- Keep an expense ledger (spreadsheet) with date, vendor, purpose, amount, and payment method.
- Ask for written estimates from at least two contractors for major jobs before approving work.
- Consider a short professional appraisal early if property value is uncertain—this helps justify repair and marketing decisions.
- If you paid for estate expenses personally, make clear written requests for reimbursement and attach supporting documents to your interim accounting.
- When in doubt, seek a short attorney consultation to confirm authority to incur or be reimbursed for particular expenses.