Full question:
If I am the executor of the estate and I have paid the deceased bills out of my pocket can I charge the estate for my out of pocket expenses? If so what can I include and/or exclude?
- Category: Wills and Estates
- Subcategory: Executors and Administrators
- Date:
- State: Virginia
Answer:
As the executor, you typically pay the deceased's bills from the estate's assets. If you've paid bills out of your own pocket, you may be able to charge the estate for those expenses. However, all payments made by the executor must be documented in an accounting and usually require court approval before the estate is closed.
In Virginia, creditors must be paid in a specific order. According to VA statute § 64.1-158, no payments can be made to creditors of one class until all preceding classes are fully paid. If the estate lacks sufficient assets to pay all creditors in one class, they will be paid proportionally. An executor who pays a debt after twelve months from their qualification is not personally liable for any debt of equal or superior priority, unless they were notified of that debt before making the payment.
For specific procedures, consider contacting your local clerk of courts, as probate court processes can vary.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.