FAQ — Reimbursable expenses for maintaining estate real property before sale (Maryland)
This FAQ explains what kinds of costs a personal representative, administrator, or executor commonly can track and seek reimbursement for while preserving estate real property before it is sold under Maryland probate practice. It uses common hypothetical situations to illustrate typical outcomes. This is educational information and not legal advice.
Detailed answer — what you can reasonably expect to track and try to be reimbursed for
When someone administers an estate in Maryland, that person (usually called the personal representative) must preserve estate assets and reduce waste. Reasonable, necessary, and properly documented expenses paid from personal funds or from an estate account are often reimbursable from estate proceeds or treated as estate debts. Typical reimbursable categories include:
- Mortgage, loan, and lien payments: Payments made to keep a mortgage current, prevent default, or pay a secured lien that threatens the estate property are generally reimbursable. If the estate had adequate cash, the payments usually come from the estate account; if the representative advanced money personally, they should document the advances thoroughly.
- Property taxes and assessments: Taxes and special assessments that become due while the estate owns the property are proper estate expenses and are typically reimbursable.
- Insurance: Homeowner’s, fire, flood, liability, or hazard insurance premiums necessary to protect the property until sale are ordinarily reimbursable.
- Utilities and ongoing services: Reasonable utility charges (electric, water, gas, sewer) and necessary services (trash removal, septic pumping if required to prevent damage) incurred to preserve the property are generally allowable.
- Security and urgent maintenance: Costs for alarm services, boarding up, locksmiths, emergency roof or plumbing repairs to prevent further damage are usually reimbursable if reasonable and documented.
- Routine upkeep: Lawn care, snow removal, pest control, debris removal, and cleaning to keep the property marketable and to avoid municipal fines are commonly permitted expenses.
- Professional fees to prepare for sale: Reasonable fees for appraisers, inspectors, contractors’ estimates, and real estate brokers hired to market the property are normally proper estate expenses. Real estate broker commissions and closing costs are typically paid from sale proceeds but can be advanced by the representative and later reimbursed.
- Advertising, staging, and minor repair costs related to sale: Costs directly tied to preparing the property for sale—minor painting, limited repairs, cleaning, staging, and advertising—are usually allowable when they increase marketability and are reasonable in amount.
- Moving or storage of estate personal property: If personal property must be moved or stored before the sale of a house, reasonable moving and storage expenses related to preparing the real property for sale may be reimbursable.
By contrast, larger capital improvements (for example, building an addition) may not be appropriate as ordinary estate expenses unless they are necessary, court-authorized, or clearly increase net value enough to justify the cost. Capital improvements may instead be treated as adjustments to estate value or may require court approval—discuss these with an attorney before proceeding.
Documentation and proof
To maximize the chance of reimbursement, you should:
- Keep original receipts, invoices, canceled checks, and bank/credit card statements.
- Record the date, purpose, and payee for each expense in a running ledger or accounting.
- Take dated photos before and after repairs or cleaning, where relevant.
- Get written estimates or multiple bids for any major repair or service.
- When possible, get beneficiary consent in writing for non-emergency or substantial expenses, or ask the probate court for authorization.
When you should get permission from the court or beneficiaries
If an expense is routine and modest, the personal representative can usually proceed and later report it in the estate accounting. For large expenditures, novel uses of funds, or improvements with significant cost, you should either secure the beneficiaries’ written agreement or file a petition with the probate court for authority to spend estate funds. Getting court authorization reduces later disputes and the risk that a court will deny reimbursement.
How reimbursement usually works
Common practice:
- Advance then account: The representative pays or advances money, keeps records, and is reimbursed from estate cash or sale proceeds when the estate closes.
- Pay from estate account: If the estate has funds, pay from an estate bank account and reflect the expense in the estate accounting; this avoids personal advances and simplifies reimbursement.
- Sale proceeds: Many expenses (broker commissions, closing costs, liens, taxes) are paid at closing and deducted from proceeds before distribution to beneficiaries.
Hypothetical example
Imagine you are the personal representative for a decedent who owned a house. The furnace failed in winter and an emergency repair was required to keep pipes from freezing. You pay a licensed HVAC contractor $2,400 for repair, keep the invoice and receipt, and document why the repair was necessary. That emergency expense is generally reimbursable as a reasonable, necessary expense to preserve the property.
Maryland resources and where to look for rules
Maryland’s probate system and county registers of wills oversee estate administration and accounting procedures. Helpful official resources include the Maryland Courts probate pages that explain the role and duties of personal representatives and the local Register of Wills office for county-specific forms and filing practices. See Maryland Courts, Probate Division: https://www.marylandcourts.gov/courts/probate.
If you anticipate disputes or large expenditures, ask the probate court for instructions or authorization. A probate attorney can help identify whether particular costs qualify as ordinary estate administration expenses or whether court approval is necessary.
Helpful Hints
- Open a separate estate bank account as soon as possible and use it for all estate payments and deposits.
- Save every receipt and create a dated ledger entry explaining each expense.
- For any expense over a modest threshold, get at least one written estimate — two if practical.
- Document emergency repairs with photos and a short explanation of why immediate action was necessary.
- Discuss major repairs or improvements with beneficiaries and obtain written consent or seek court approval to avoid later challenges.
- Do not mix personal expenses with estate expenses; keep clear separation to protect yourself from claims.
- When in doubt about a significant expenditure or an unusual claim, consult a Maryland probate attorney early — this can prevent costly disputes.
- Before selling, ensure all liens, taxes, and required inspections are addressed so the sale proceeds can be distributed cleanly.