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Probate Costs and Fees

Can I Use Estate Funds Before Probate Closes?


Once appointed, the representative can use estate funds to pay legitimate administration expenses as the case proceeds, things like the mortgage, insurance, taxes, and costs of preparing the home. What generally cannot happen early is distributing the inheritance to the heirs. Distributions usually wait until debts and taxes are resolved and the court approves, often at the final accounting.

Estate funds should stay in a dedicated estate account, not commingled with personal money, and every expenditure should be documented for the court. Premature distributions can leave the representative personally liable if debts later come due. When in doubt, pay proper expenses, preserve the rest, and distribute only when the court signs off.

General information on fiduciary duties. Not legal advice.

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