Disclaimer: This is general information and not legal advice. Laws vary by situation. Consult a licensed Alabama probate attorney or the local probate court before spending estate funds.

Detailed Answer

When someone dies, the appointed personal representative (executor or administrator) collects estate assets, pays valid debts and administration costs, and distributes what remains to the beneficiaries. In Alabama, sale proceeds from estate property are generally estate assets. As such, reasonable and necessary expenses incurred to preserve, prepare, or sell estate property—such as cleaning, junk removal, and removal of personal effects—are normally paid from the estate’s funds, including sale proceeds, provided the charges are proper, documented, and authorized by either the will or the probate court.

What the personal representative may pay without prior court approval

• Immediate and reasonable costs to secure and preserve property (locks, boarding, basic cleanup).
• Routine costs necessary to market property for sale (cleaning, hauling away debris, removing personal property that blocks sale).
• Expenses that are ordinary and customary in preparing similar property for sale in the same locality.

When you should get court approval first

Seek probate court approval before spending estate funds if any of the following apply:

• The expense is large or unusual (high-cost demolition, major disposal fees, or multi-thousand-dollar contractor work).
• The will expressly limits how proceeds or assets must be handled or distributed.
• Beneficiaries object to the expense or there is a dispute among heirs about selling property.
• The personal representative’s authority is unclear (for example, no will names an executor, or the appointed person has limited powers).

Practical effect at closing

When real property is sold in probate or by a personal representative, customary closing procedures often allocate payment of liens, taxes, and agreed closing costs from the sale proceeds before distributions are made. If the cleaning or junk removal was a legitimate expense to make the property marketable, those expenses can be treated like other administration costs and deducted from estate proceeds prior to distributions.

Recordkeeping and priorities

Maintain complete records: invoices, receipts, statements of work, before-and-after photos, and written estimates. Alabama probate practice gives priority to administration expenses when determining distributions. That means properly documented, reasonable cleanup or removal costs are paid before beneficiaries receive their shares.

Where to look in Alabama government resources

For rules and local procedures, consult the Alabama Judicial System (probate court information) and the Alabama Legislature website for the Code of Alabama. These resources explain probate court practice and statutory duties of personal representatives:

• Alabama Judicial System (probate court information and local contacts)
• Alabama Legislature (Code of Alabama and statute search)

Common scenarios and how they are handled

Scenario A — Minor cleanup to list the house. If the cleanup is reasonable and customary to get the house listed, the personal representative usually pays from estate funds without prior court approval, while keeping receipts.

Scenario B — Large-scale removal or hazardous waste. If cleanup is extensive, expensive, or involves hazardous materials, seek court approval and specialized contractors. The probate court can authorize specific expenditures to protect the representative from later claims by beneficiaries.

Scenario C — Proceeds already earmarked by the will. If a will directs sale proceeds to a specific beneficiary or for a designated purpose, follow the will. If needed, ask the court to interpret the will or permit a specific expenditure.

How to proceed safely

1. Confirm your authority: review the will and Letters Testamentary or Letters of Administration issued by the local Alabama probate court.
2. Get written estimates from contractors and keep all invoices and photos.
3. Use an estate bank account for all receipts and disbursements to keep funds separate and traceable.
4. Notify beneficiaries when planning large expenses; consider getting written consent to reduce later disputes.
5. If unsure or if there is opposition, file a petition with the probate court requesting approval to pay specific expenses from the estate.
6. When selling, coordinate with the closing agent to pay authorized expenses from sale proceeds in the proper order at closing.

Helpful Hints

• Document everything: receipts, before/after photos, and contractor agreements.
• Get multiple bids for larger jobs to show the expense was reasonable.
• Keep estate funds in a separate estate account — never mix with personal funds.
• Small, routine cleanups rarely require court permission; big jobs do.
• If beneficiaries agree in writing to pay or waive costs, include that agreement in the estate file and present it to the court if requested.
• If you expect environmental or hazardous-material issues, hire licensed specialists and notify the probate court early.
• When in doubt, ask the probate judge’s clerk or consult a licensed Alabama probate attorney to avoid personal liability.