Paying Expenses Related to Decedent’s Real Property

By Aurthur Fowler - 10/9/2018

Can a personal representative pay for expenses related to decedent’s real property that is not part of the decedent’s estate? According to T.C.A. § 30-2-323, if it is not contrary to decedent’s will, a personal representative may pay for utilities and ordinary maintenance for up to 4 months from decedent’s death but not mortgage payments, real estate taxes, major repairs, or extraordinary expenses. This is because real property normally is not part of decedent’s probate estate. This section is a stopgap to prevent damage to decedent’s real property until the new owners are notified of their legal responsibilities. Any payments beyond this 4-month period may be at the personal representative’s peril.In re Estate of Jesse L. McCants Sr. (Tenn. Ct. App. May 1, 2018)