The Short Answer

In Florida probate, a personal representative can generally use estate funds (or seek repayment if they advanced funds) for reasonable costs needed to preserve, insure, protect, and maintain estate property while it’s being administered and prepared for sale. The key is that the expense must be tied to protecting the property and benefiting the estate—not a beneficiary’s personal use.

What Florida Law Says

Florida law gives the personal representative broad authority to manage estate assets during administration, including paying expenses incident to administration and insuring estate assets. If the property is (or may be) protected homestead, Florida law also addresses reimbursement and even allows a lien mechanism for certain preservation-related expenditures.

The Statute

The primary law governing this issue is Fla. Stat. § 733.608.

This statute establishes that the personal representative may take possession of certain property for the limited purpose of preserving, insuring, and protecting it, and if the personal representative expends funds to preserve, maintain, insure, or protect certain homestead-related property, the personal representative may be entitled to repayment secured by a lien under the statute.

Related authority also includes Fla. Stat. § 733.612, which authorizes a personal representative (acting reasonably for the benefit of interested persons) to insure estate assets and pay taxes and other expenses incident to administration.

In practical terms, commonly tracked, potentially reimbursable “carry costs” for a home or other real estate pending sale often include:

• Insurance: hazard/homeowners coverage and, where appropriate, liability coverage.
• Property taxes and assessments: real estate taxes, HOA/condo dues, special assessments.
• Utilities and basic services: electricity, water, gas, trash, and required minimum services to prevent damage (e.g., keeping power on for HVAC/humidity control).
• Security and protection: rekeying/lock changes, reasonable security measures, boarding after storm damage, etc.
• Maintenance and repairs: lawn care, pool service, pest control, minor repairs to prevent deterioration, and necessary repairs to stop active damage (leaks, mold remediation, etc.).
• Sale-related preservation costs: reasonable cleaning/decluttering, winterization, and similar steps tied to protecting value (not luxury upgrades).

For a deeper discussion of how Florida treats estate expenses and reimbursement, you may also want to read: What Counts as an Estate Expense and How Can an Executor Get Reimbursed in Florida? and What Estate Expenses Can Be Paid Before Beneficiaries Receive Distributions in Florida?.

Why You Should Speak with an Attorney

Even when an expense sounds reasonable, reimbursement disputes are common—especially when beneficiaries disagree about whether the property is homestead, whether the work was “maintenance” versus an “improvement,” or whether the timing and amount were justified. Legal outcomes often depend on:

• Strict Deadlines: Probate administration moves on court and creditor timelines, and delays can increase carrying costs and trigger objections that the personal representative failed to act “expeditiously and efficiently.”
• Burden of Proof: The personal representative may need to justify that each cost was reasonable, necessary, and for the estate’s benefit (and not personal convenience).
• Exceptions: Homestead issues can change what the estate can pay, who benefits from the property, and whether reimbursement can be secured by a lien under Florida law.

Trying to handle this alone can lead to objections, fee disputes, or a surcharge claim against the personal representative. A Florida probate attorney can help you classify expenses correctly, document them in a way that holds up in court, and reduce conflict with beneficiaries.

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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.