California probate executor

On Jun 27, 6:28 pm, "Robert M. Gary" <N70...@gmail.com> wrote:
> If I'm appionted the PR of an estate (the will directs me as the
> executor), can I charge the estate for out-of-pockets expenses
> (mortgage payments during probate, utilities, etc)?

Of course the estate should pay directly for such things -- they shouldn't come out of _your_ personal pocket, unless the estate has no liquid assets right now (bank account, stocks, etc.) which can be used to pay ongoing expenses.   Even then, you may have to sell (or refinance) some of the estate assets to get enough money to take care of this.

Once you get appointed by the Court as executor (which is what makes it official, even though your being nominated to act as such in your decedent's Will is what makes you the first in line for the job), you will have control over all those assets and can use them to manage the estate and pay such expenses (but not, of course, to put any of that money into your own pocket, unless you are one of the Will's beneficiaries.  Even then, you will not get any of the estate's assets for your own use until final distribution when probate is closed after all the debts and expenses have been paid, OR if you propose an interim partial distribution that would leave enough in the estate to take care of all creditors and anticipated expenses AND after the proposed distribution of assets to yourself and other beneficiaries gets approved by the Court.

If you have no clue what you are doing (which, if I may be frank, it sure sounds like), you need to hire a lawyer to help you with the estate administration.  The fee will be a relatively minor expense, if you in fact are the one who does all the time-consuming footwork such as digging up and inventorying the assets, etc., and following a lawyer's advice will keep you from making any potentially expensive bonehead mistakes.  The lawyer's fee will come out of the estate, not out of your own pocket.

> Do I list this as
> a PR expense (which really seems to be made for filing fees) or do I
> list myself as a creditor of the estate? This is California.

Oy vey.   You really do have no idea.   Do yourself and your relatives a favor and make an appointment with an estate administration lawyer to help you through this process.  You will be glad you did.  Good luck,
--
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