Probate Issues – Can An Executor Of A Will Spend The Money?

According to a Lake Elsinore Probate Attorney, Administrators are allowed to invest estate cash as they guide the estate through probate– they can’t spend it on themselves.

Probate can be a costly process, and your executor does not need to pay the expenses herself. However, if she does periodically utilize her cash on behalf of the estate, she’s entitled to repayment.

But it’s best to consult an estate attorney initially to ensure she’s rightly taking a loan.


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The Law Firm of Steven F. Bliss ESQ.
36330 Hidden Springs Rd Suite E, Wildomar, CA 92595
Phone: +1 (951) 459-3330

Allowable Expenditures

Your executor is permitted to make expenditures from estate loan to cover payment of financial obligations you leave behind, taxes that are due, and the expenses of operating your estate. This consists of anything from a couple of dollars spent on postage to hiring an appraiser to value your possessions. Your executor can pay your funeral expenses, and she’ll most likely need to keep existing with insurance coverage premiums for policies that cover your significant properties. In most states, she should give an accounting to the court of all expenses at the time she closes the estate.

Administrator’s Compensation

Probate can be a lengthy and somewhat tricky job, so executors are typically entitled to payment for their services. Lots of states’ laws detail precisely how much an administrator is authorized to receive. For example, in New Jersey, she gets a commission based upon the worth of your estate. Administrators are typically paid when the estate closes, and the deal needs to be authorized by the court. Your administrator can’t arbitrarily take a settlement from the estate whenever she likes.

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