Detailed Answer

When someone dies, the property they owned becomes part of the estate. Money from selling estate property generally becomes estate funds. Under North Dakota probate law, estate funds normally must be used to pay valid expenses and claims of the estate before beneficiaries receive distributions. That means proceeds from selling estate items or real property can be used to pay necessary and reasonable administration costs, including costs to clean out a house, remove junk, or dispose of personal property — but there are important limits and steps to follow.

Who decides whether cleanup or junk removal is an appropriate estate expense?

The personal representative (executor or administrator) has the primary duty to manage and protect estate assets. That person can usually hire contractors, obtain bids, and pay reasonable expenses that are necessary to preserve the estate, prepare property for sale, or prevent loss or damage. Reasonableness and necessity are key. The representative should document the need for the service and choose reasonable-priced contractors.

Steps and limits the personal representative should follow

• Confirm ownership and the scope of the estate. Proceeds from sale of estate property are estate assets and normally are available to cover administration costs.
• Check the will. If the will gives a specific item (for example, a particular piece of furniture or a vehicle) to a named beneficiary, the personal representative generally may not convert (sell) that item to pay expenses without the beneficiary’s consent or a court order. Specific bequests have priority unless the beneficiary agrees to a sale or exchange.
• Keep records. Get written estimates or invoices, keep receipts, and record why each cleanup or removal was necessary (e.g., to make the property marketable or to avoid municipal code violations).
• Avoid self-dealing. The personal representative should avoid awarding contracts to themselves or close relatives without prior notice to beneficiaries or court approval to reduce exposure to claims of misconduct.
• Follow creditor and court procedures. Estates must follow North Dakota probate procedures for identifying and paying creditors and for seeking court approval when required. If there might be an estate shortfall or disputes among beneficiaries, the representative should consider asking the probate court to approve major expenses or sales before proceeding.

Priority of payments and what happens if funds are insufficient

North Dakota law requires the personal representative to pay estate debts and administrative expenses before distributing the remainder to beneficiaries. If sale proceeds are used to pay junk removal and cleanup, those expenses are paid out of estate assets and reduce what remains for creditors and beneficiaries. If the estate lacks sufficient funds, some creditors may remain unpaid and beneficiaries may receive little or nothing. The representative should follow statutory priority rules and, when in doubt, consult the probate court or an attorney.

When you should get court approval or beneficiary consent

Get consent or court approval in these common situations:

• If you plan to sell or destroy property specifically left to a beneficiary.
• If cleanup or removal costs are large relative to the estate’s value.
• If beneficiaries object or if the estate administration is contested.
• If you are unsure whether a proposed expense is “reasonable and necessary.”

Where to find the law and official guidance

North Dakota’s probate statutes govern the duties of personal representatives, payment of claims, and estate administration. You can review North Dakota statutes and official probate resources for more detail:

• North Dakota Century Code — Title 30.1 (Probate): https://www.legis.nd.gov/cencode/t30-1
• North Dakota judicial and probate resources: https://www.ndcourts.gov/legal-resources/probate

Because statutes and court procedures can be technical, and because each estate’s facts differ, talk with a North Dakota probate attorney when the estate is large, assets are contested, or the proposed expenses are significant.

Helpful Hints

• Document the need: take photos and write notes explaining why cleanup or junk removal is necessary (safety, sanitation, sale readiness).
• Get written bids from multiple contractors before hiring anyone for big jobs.
• Keep every receipt and add invoices to the estate accounting to support the expenditures.
• Communicate with beneficiaries early. If beneficiaries agree in writing to the sale or expense, it reduces the risk of later disputes.
• Do not assume you can sell specifically bequeathed items. Ask beneficiaries for consent or seek court permission.
• If the estate is small or simple, check whether North Dakota offers a simplified or small‑estate process that affects how expenses are handled; a lawyer can confirm applicability.
• If you are the personal representative and you face a conflict of interest, seek court guidance to avoid personal liability.