Short answer: Yes—under Massachusetts law, the personal representative (executor or administrator) may generally use estate funds, including sale proceeds, to pay reasonable and necessary estate administration expenses such as junk removal, cleanup, and costs of preparing property for sale. However, the expenses must be appropriate, documented, and paid before distributions to heirs or beneficiaries. If an expense is unusual, large, or disputed, court approval or beneficiary consent is advisable.

How Massachusetts law frames a personal representative’s authority

Massachusetts law vests the personal representative with authority to preserve and administer estate property and to pay debts and administration expenses out of estate assets. For statutory guidance, see the Massachusetts Uniform Probate Code (Chapter 190B) which governs administration and the duties of personal representatives: Mass. Gen. Laws Ch. 190B (Probate & Administration). For practical court guidance about duties and duties-related forms, the Probate & Family Court maintains resources for executors and administrators: Massachusetts Probate & Family Court — Executors & Administrators.

What counts as a reasonable and necessary estate expense?

Typical, reasonable expenses include:

• Costs to prepare real property for sale (cleaning, debris removal, minor repairs needed to market or close a sale).
• Removal and lawful disposal of junk and hazardous materials that threaten the value or safety of the property.
• Transport, storage, and sale-related costs for personal property; auction or consignment fees; broker fees.
• Safe storage of assets to prevent loss or damage pending sale.

Expenses that are avoidable, personal to the representative, or unrelated to administration (for example, discretionary home improvements meant to increase sale price substantially without a justifiable plan) can be questioned by beneficiaries or the court.

Order of payment: where sale proceeds fit in

When property is sold, the proceeds become estate funds. Massachusetts law and standard probate practice require that lawful debts, funeral expenses, taxes, and administration costs be paid before any distribution to beneficiaries. That means sale proceeds can and typically should be used to cover legitimate administration expenses, such as cleanup and removal, prior to distributing net proceeds.

Practical steps a personal representative should take

1. Document authority. Keep a copy of the appointment (letters testamentary or letters of administration) from the Probate Court to show you have authority to act.
2. Get multiple estimates. For removal, cleanup, storage, and sale-related services, obtain at least two written quotes to show reasonableness.
3. Keep receipts and records. Maintain invoices, contracts, cancelled checks, and bank statements showing payment from estate accounts.
4. Pay from an estate account. Do not use personal funds for estate expenses unless you keep clear records and later seek reimbursement from estate funds.
5. Communicate with beneficiaries. Notice and, when practical, consent from beneficiaries reduces disputes later.
6. Seek court approval when in doubt. If expenses are unusually large, contested, or outside routine administration, file a petition for instructions or a motion for sale/approval with the Probate & Family Court.

When you should get the court involved

Consider asking the Probate Court to approve fees or to issue specific instructions if:

• Beneficiaries disagree about whether an expense is necessary.
• The cost is large relative to the estate value.
• The expense could change how much each beneficiary ultimately receives (for example, expensive renovations or extensive disposal costs).
• You need the court’s authorization to sell certain assets, or the will limits the representative’s authority.

A judicial order protects the personal representative from later claims of improper administration.

Common scenarios and how they usually play out

Scenario A — Routine cleanup before listing a house: a reasonable expense. The representative hires a junk-removal company, pays from sale proceeds, keeps invoices, and lists net proceeds for distribution.

Scenario B — Major remodeling to boost sale price: may be questionable. If beneficiaries object, the court may require pre-approval.

Scenario C — Sale of estate personal property (furniture, tools) with low proceeds: treat sale costs and removal expenses as administration expenses; document everything.

Recordkeeping and accounting requirements

Massachusetts requires personal representatives to account for their administration and to provide information to interested persons. Keeping tidy records speeds up probate final accounting and decreases the chance of claims. See the Probate Court’s guidance on duties and required filings: Executors & Administrators — Duties (Mass.gov).

When cleanup might be a creditor or a tax issue

Some estate expenses (for example, environmental cleanup or unsecured contractor claims) may be treated like creditor claims and could be subject to Massachusetts rules on creditor notice and priority under Chapter 190B. If a cleanup relates to environmental hazards, specialized rules and state agencies may apply. In contested or complicated situations, consult an attorney or ask the court for guidance.

Helpful hints

• Open a separate estate bank account for receipts and payments; avoid commingling.
• Always get written estimates and written contracts from removal and cleanup vendors.
• Keep before-and-after photos of the property and discarded items.
• Ask beneficiaries for written consent to routine expenses when possible to reduce later disputes.
• If the estate is small and there are few assets, check whether simplified probate or small estate procedures apply before incurring large costs.
• When in doubt about authority or the size of an expense, file a petition with the Probate & Family Court seeking instructions or approval.
• Keep copies of the personal representative’s appointment (letters) and provide them to vendors as proof of authorization.