Connecticut — Reimbursable Expenses for Maintaining Estate Property Before Sale

Detailed Answer

This explains what kinds of costs a personal representative (executor, administrator, or estate trustee) can typically track and seek reimbursement for from a Connecticut estate when real property must be maintained before it is sold. This overview describes common practice under Connecticut probate law and practical steps to protect the estate and the representative — it is educational only and not legal advice.

Who pays maintenance costs and how reimbursement works

When someone is appointed to administer a Connecticut estate, that fiduciary has a duty to preserve estate assets until they are distributed. Reasonable and necessary costs the fiduciary pays to preserve estate property are usually treated as estate administration expenses and may be reimbursed from estate funds. To be reimbursed, those costs generally must be documented, reasonable, and either:

• allowed in the fiduciary’s final accounting filed with and approved by the Probate Court, or
• paid from available estate funds in the ordinary course if the fiduciary has authority to use estate money for administration.

Connecticut probate statutes and court practice govern filings, inventories, and accountings for administrators and executors. See the probate statutes for fiduciary duties and accountings (Title 45a of the Connecticut General Statutes) and the Connecticut Probate Court guidance for administrators: Conn. Gen. Stat., Title 45a (Probate) and Connecticut Probate Courts.

Commonly reimbursable expenses for maintaining estate real property

The following categories are commonly considered reimbursable if they are reasonable, necessary to preserve value, and well documented:

• Emergency and necessary repairs: fixes to stop ongoing damage (roof leaks, broken pipes, structural failure) that, if not addressed, would reduce the estate’s value.
• Routine maintenance to prevent deterioration: lawn care, snow removal, HVAC servicing, pest control, and regular cleaning intended to maintain marketability.
• Utility bills: electricity, water, gas, and heating when necessary to keep the property safe and market-ready (turning off utilities where appropriate may instead reduce costs).
• Insurance premiums: homeowner’s or hazard insurance premiums on estate property to protect against loss during administration.
• Property taxes, assessments, and municipal charges: real estate taxes and special assessments that must be paid to avoid liens or forfeiture.
• Mortgage payments and secured debt: ongoing payments to protect the estate from foreclosure, though these should be coordinated with the mortgage lender and closely documented.
• Security and boarding: alarm monitoring, boarding up windows/doors, locksmiths or security guard services when necessary to protect the asset.
• Appraisals, inspections, and necessary reports: professional appraisal fees, termite or structural inspections, environmental tests when required to sell the property or determine value.
• Marketing and sale preparation costs: reasonable costs such as staging, professional cleaning, photography, and listing fees — though some courts distinguish ordinary maintenance from costs that facilitate a potentially discretionary improvement or marketing decision.
• Realtor commissions and closing costs: commissions are usually paid from sale proceeds; they are normal costs of sale rather than “maintenance,” but they reduce net sale proceeds and are typically allowed as administration expenses.

Costs that are often non-reimbursable or treated differently

• Improvements vs. repairs: major upgrades (additions, high-end remodels, landscaping enhancements) that increase market value may be treated as capital improvements. The estate may not reimburse them as ordinary administrative expenses unless the court authorizes them.
• Unreasonable or excessive spending: extravagant maintenance or services that exceed what is necessary to preserve the estate will likely be denied in the fiduciary accounting.
• Personal expenses: any costs unrelated to administration or clearly personal to the fiduciary are not reimbursable.

Practical steps to maximize chances of reimbursement

1. Keep a separate estate bank account for receipts and expenditures and pay maintenance costs from that account whenever possible.
2. Get written estimates and keep all invoices, receipts, contracts, photos of damage, and communications showing the necessity of work performed.
3. If the cost is significant or a discretionary improvement, obtain written consent from the beneficiaries or prior approval from the Probate Court before proceeding.
4. Document why each expense was necessary to preserve the estate or to allow an orderly sale.
5. Include every expense in the fiduciary’s inventory and accounts filed with the Probate Court and be prepared to provide supporting documents if beneficiaries object.

How reimbursement is approved in Connecticut probate practice

Reimbursement usually occurs through the fiduciary’s accounting to the Probate Court. The personal representative files inventories and accountings that list receipts, disbursements, and requests for payment of compensation and expenses. Beneficiaries may object, and the court then determines whether expenses are reasonable and allowable. The probate statutes set out procedures for inventories, notices, and accountings; consult Title 45a of the Connecticut General Statutes for those procedures: Conn. Gen. Stat., Title 45a.

When you should ask the court for instructions / approval

Seek court approval before spending significant estate funds on non-emergency repairs, capital improvements, or marketing strategies. If the estate is insolvent or there are competing creditor claims, the Probate Court may need to prioritize payments and may not allow reimbursement for some costs without a court order.

Example checklist of expenses to track

• Receipts for emergency repairs (plumbing, roof, HVAC).
• Paid invoices for utilities and trash removal.
• Proof of paid property taxes and assessments.
• Insurance invoices and proof of coverage.
• Contracts, receipts, and before/after photos of maintenance or repairs.
• Appraisal and inspection reports.
• Mortgage statements showing payments made by the estate.
• Receipts for cleaning, staging, and listing expenses.

Because probate is a court-supervised process in Connecticut, good documentation and procedural compliance (filing inventories and accountings) are essential to obtain reimbursement. For procedural details about filings and fiduciary responsibilities, see the Connecticut Probate Court resources at Connecticut Probate Courts and the probate statutes at Conn. Gen. Stat., Title 45a.

Important: If you are a fiduciary and face large or contested repair or sale decisions, consider asking the Probate Court for instructions or seeking counsel to avoid personal liability.

Helpful Hints

• Open a separate estate bank account immediately and use it for all estate-related payments.
• Always get written estimates and keep before-and-after photos for repair work.
• Ask beneficiaries for written consent for non-emergency or costly repairs when practical.
• For major decisions, request a Probate Court order or guidance — this protects the fiduciary from later challenges.
• Keep receipts, contracts, checks, and invoices for all expenses; scans are acceptable if originals may be lost.
• Distinguish clearly between repairs (usually reimbursable) and improvements (may not be reimbursable without authorization).
• If the estate lacks cash, get court approval before incurring large expenses or consider short-term solutions (boarding up, basic security) to minimize costs until funds or authorization are available.
• Track time and mileage if you expect to seek fiduciary compensation; Connecticut probate rules require disclosure of administration activities in accountings.
• If creditors or mortgage holders press, communicate in writing and keep proof of attempts to protect the estate (this will help when seeking reimbursement).

Disclaimer: This article explains general Connecticut probate practice and is for educational purposes only. It is not legal advice and does not create an attorney-client relationship. For advice tailored to your situation, contact a Connecticut probate or estate attorney or the Probate Court handling the estate.