Detailed Answer — what Minnesota law allows and what you must do

Under Minnesota probate law, the person who acts as the estate’s personal representative (executor or administrator) must preserve estate assets, pay valid claims and necessary expenses, and distribute what remains to beneficiaries. The probate code gives the personal representative authority and duties to administer the estate so that creditors and expenses are paid in an appropriate order. See Minnesota probate law, Chapter 524 for an overview of administration rules and duties: https://www.revisor.mn.gov/statutes/cite/524.

Key points relevant to using sale proceeds for cleanup and junk removal:

• Permitted uses: Reasonable and necessary expenses of estate administration—such as cleaning, junk removal, hauling, boarding, and preparing a house for sale—are typically payable from estate funds, including proceeds generated by selling estate property. These expenses are treated as administration costs and reduce the estate assets available for creditors and beneficiaries.
• Reasonableness standard: Costs must be reasonable and actually necessary to preserve or realize value for the estate. Extravagant or unnecessary expenses may be disallowed or challenged by beneficiaries or the court.
• Timing and authority to spend: If you are the appointed personal representative (formally or informally), you generally have authority to pay ordinary and necessary estate expenses from estate funds. If no personal representative has authority yet, do not spend estate funds except to prevent loss or damage, or until you obtain court approval. For practical probate guidance, see the Minnesota courts’ probate help page: https://www.mncourts.gov/Help-Topics/Probate.
• Sale of specifically bequeathed property: If a will specifically leaves an item or piece of real property to a named beneficiary (a specific devise), selling that item before distribution can be improper unless the will or the law authorizes sale or the beneficiary consents or the court orders the sale. You must confirm whether the property is part of the residuary estate or subject to a specific gift before selling.
• Priority of payment: Estate administration expenses are typically paid before distributions to beneficiaries, but certain claims (secured debts, funeral expenses, taxes, creditor claims) have statutory priority. Confirm priorities before making distributions.
• Court approval when contested or large expenditures: If beneficiaries object or an expense is large or unusual, get court approval (a court order) to avoid personal liability as personal representative.

Example (hypothetical): An estate includes a vacant house full of old furniture and trash that must be removed before sale. The personal representative arranges junk removal, pays $3,000, lists and sells the house for $150,000. The $3,000 is a reasonable administration expense and may be paid from the sale proceeds before distributions, so long as the PR documents the expense and follows probate procedures.

Practical duties of the personal representative

• Keep careful, dated records and receipts for cleanup, hauling, and disposal costs.
• Document why the cleanup was necessary to preserve or market the property.
• Get multiple bids for large jobs when practical; use licensed, insured vendors.
• If the estate is large, contested, or includes specifically bequeathed items, get court direction before selling or spending to avoid personal liability.
• Provide accountings to beneficiaries and submit required filings to the court if informal administration is converted to formal or if the court orders an accounting.

If you are unsure whether an expense is “necessary” or whether you may sell particular property, consult the probate statutes and the court’s probate rules, or seek advice from a Minnesota probate attorney before spending significant funds. General probate resources are available from the Minnesota Judicial Branch: https://www.mncourts.gov/Help-Topics/Probate.

When you should get court approval or beneficiary consent

Get court approval or written beneficiary consent when:

• There is a dispute about whether the personal representative has authority to sell the property.
• The property is specifically devised to a particular beneficiary in the will.
• The cleanup or removal cost is unusually large compared with the likely sale proceeds.
• Beneficiaries or creditors object to the sale or the proposed use of proceeds.

When in doubt, file a petition with the probate court asking for instructions or an order authorizing the sale and payment of expenses. An authorized court order reduces the chance you will be personally liable for disputed payments.

Helpful Hints

• Keep itemized receipts and before/after photos for all cleanup work.
• Get at least two written estimates for significant jobs and keep the lowest reasonable bid or document why you chose another vendor.
• Document communications with beneficiaries about selling property or paying cleanup costs; obtain written waivers when possible.
• Confirm whether property is part of the residuary estate or a specific bequest before selling.
• Pay attention to creditor claim deadlines; unpaid claims can create liability for the estate and for the personal representative if not handled properly.
• If you suspect hazardous waste, asbestos, or other regulated material, hire licensed professionals and retain invoices — improper disposal can trigger fines and personal liability.
• When administration is informal, keep beneficiaries informed. If a beneficiary objects, consider court guidance rather than unilateral action.