Short answer

Yes — sale proceeds from estate property generally become estate assets that a personal representative may use to pay reasonable administration expenses, including cleanup, junk removal, and disposal of personal property. However, the payment must follow the duties and priorities set by West Virginia probate law, be properly documented, and — in some cases — obtain court approval or beneficiary agreement.

Detailed answer — how this works in West Virginia

When property that belonged to a decedent is sold, the money from that sale normally becomes part of the estate. The person appointed to manage the estate (commonly called the personal representative, executor, or administrator) must collect estate assets, preserve them, and pay valid expenses and claims before distributing any remainder to heirs or beneficiaries.

Typical administration expenses include funeral costs, taxes, creditor claims, and costs required to preserve or prepare estate property for sale or distribution. Cleaning out a decedent’s home, removing junk, hauling away personal property that has no value, and making the property marketable are ordinary administration expenses if they are reasonable and necessary to preserve estate value.

West Virginia’s probate statutes set out the rights and duties of fiduciaries and establish the general framework for administering estates. For the full text of the probate statutes, consult Chapter 44 of the West Virginia Code: https://code.wvlegislature.gov/44/. That chapter governs wills, fiduciaries, and administration procedures in the state.

Key practical points

• Proceeds become estate cash: Money from an estate sale is estate property and may be used to pay legitimate estate expenses before distributions.
• Reasonableness: Expenses must be reasonable in amount and necessary. A $200–$500 disposal may be clearly reasonable; very large cleanup bills are more likely to require explanation or court sign-off.
• Documentation: Keep written estimates, receipts, contracts, and before/after photos to justify the expense in accounting to beneficiaries and the court.
• Priority of payments: Creditors and allowed claims take priority over distributions to beneficiaries. The personal representative should not distribute remaining funds before paying valid claims and administration costs.
• Extraordinary or disputed expenses: If beneficiaries object or the charge is unusually large, seek court approval before spending estate funds.
• Unauthorized pre-appointment sales: If someone sold estate property before a personal representative was appointed, the court may require that person to turnover proceeds to the estate or obtain ratification; consult a probate attorney promptly.

Common scenarios and recommended steps

Scenario A — House sold by the personal representative

Action: Deposit sale proceeds into the estate account. Pay contractors for necessary cleaning or junk removal from that account. Record invoices and include the expenses in the estate accounting. Do not distribute to beneficiaries until all claims and administration expenses are paid.

Scenario B — Someone sold property before probate, and cleanup is now needed

Action: If sale proceeds were not turned over to the estate, the personal representative should ask the court to compel turnover or ratify the sale. The court may allow use of other estate funds for cleanup or direct that cleanup costs come from sale proceeds once they are part of the estate.

Scenario C — Beneficiaries want a quick distribution and to split cleanup costs themselves

Action: The personal representative must still follow statutory notice and creditor processes. If beneficiaries want property “as-is,” get that in writing and have beneficiaries sign releases or execute a payment agreement. Otherwise, the personal representative should follow standard procedures and keep records of expenses.

When to get court approval

Seek court approval for expenses if:

• The cost is large relative to estate size;
• Beneficiaries or creditors dispute the expense;
• A contract or long-term obligation is required (for example, expensive repair work to make the property salable); or
• The action is outside typical administrative powers (for example, demolition or environmental remediation).

A court order protects the personal representative from later claims that the expense was improper.

Helpful hints

• Open a dedicated estate bank account and deposit sale proceeds there. Never mix estate funds with personal funds.
• Get at least two written bids for any cleanup or removal work over a few hundred dollars.
• Use licensed and insured contractors when possible. Keep contracts and invoices.
• Take dated photos before and after cleanup and keep an itemized list of removed items.
• Notify beneficiaries about major expenses and give them an opportunity to agree or object.
• If you suspect hazardous materials, consult a professional — environmental cleanup often involves special rules and higher costs.
• If unsure whether an expense is “administrative” or “personal,” get a short court order authorizing the payment.
• Consult a West Virginia probate attorney if the estate is large, if you face disputes, or if someone acted before an appointment was made.

Hypothetical example

A decedent’s house sells for $75,000. The personal representative deposits the cash into the estate account. The house needs a $2,500 junk removal and a $1,200 deep cleaning to close the sale and avoid downgrade on the market. The representative hires a licensed crew, documents bids and invoices, pays them from the estate account, and records the expenses in the estate accounting before distributing the balance to beneficiaries. If a beneficiary objects to the $2,500 bill as excessive, the representative can either seek court approval or present documentation to show the expense was reasonable.

Where to look in West Virginia law

West Virginia’s probate statutes and fiduciary rules are contained in Chapter 44 of the West Virginia Code. You can read the code online here: https://code.wvlegislature.gov/44/. For court procedures and local forms, visit the West Virginia Judiciary website at https://www.courtswv.gov/ and the probate/self-help resources there.