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:
Typically, the debts are paid from the assets of the estate. Generally, all payments made by the executor need to be in an accounting and receive court approval before the estate is closed. I suggest calling the local clerk of courts, as procedures vary by probate court. The following is a VA statute:
§ 64.1-158. Creditors to be paid in order of their classification; class paid ratably; when representative not liable for paying debt of inferior dignity.
No payment shall be made to creditors of any one class until all those of the preceding class or classes shall be fully paid; and when the assets are not sufficient to pay all the creditors of any one class, the creditors of such class shall be paid ratably; but a personal representative who, after twelve months from his qualification, pays a debt of his decedent, shall not thereby be personally liable for any debt or demand against the decedent of equal or superior dignity, whether it be of record or not, unless before such payment he shall have notice of such debt or demand.
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.
