Short Answer

Often, yes. In North Carolina, a personal representative can be reimbursed for necessary and reasonable expenses of administration that preserve estate assets, which can include HOA dues and essential utilities. You should document the payments and ask the Clerk of Superior Court to approve them through your accounting or a motion. Reimbursement is still subject to claim priorities and available estate funds, especially if the estate is insolvent or the real estate is heavily encumbered.

Understanding the Problem

You’re the North Carolina administrator asking whether you can get back HOA fees and utility bills you personally paid to keep the decedent’s home going. The home has a reverse mortgage and you’ve been paying those carrying costs while you administer an estate with limited cash and creditor claims. You also plan to ask the court to authorize a sale to pay debts and, if possible, distribute what’s left.

Apply the Law

Under North Carolina law, a personal representative must preserve estate assets and may recover necessary, reasonable administration expenses approved by the Clerk. Real property typically passes to heirs at death, but the personal representative can obtain authority to control or sell it to pay estate debts. If the estate is short on cash, claim priorities control who gets paid and when, and liens on specific property are satisfied from that property’s sale proceeds before general estate expenses are paid.

Key Requirements

• Necessary and reasonable: The HOA dues and essential utilities must be reasonably necessary to preserve or market the property (for example, to prevent liens, damage, or loss of value).
• Clerk approval and documentation: Keep invoices and proof of payment. Seek approval in an interim or final account, or by motion, so the Clerk can allow the expense as a cost of administration.
• Proper authority over real property: If you need to sell the home to pay debts, file a special proceeding with the Clerk for an order to sell; the Clerk may also authorize you to take possession and control for the estate’s best interest.
• Priority and solvency rules: Administration expenses are high priority, but when a specific property is sold, its liens (like a reverse mortgage, and possibly HOA liens) are paid first from those proceeds; only the remainder funds other expenses and claims.
• Creditor notice and timing: Publish and mail the statutory notice to creditors; avoid paying general unsecured claims until the creditor period runs, unless the estate is clearly solvent.

What the Statutes Say

• N.C. Gen. Stat. § 28A-13-3 (Powers/duties of personal representative) – Authority to manage, protect, and, when needed, control or sell assets for the estate’s best interest.
• N.C. Gen. Stat. § 28A-14-1 (Notice to creditors) – Requires publication/mailing and sets the creditors’ claim window.
• N.C. Gen. Stat. § 28A-19-6 (Order of payment of claims) – Sets claim priorities, including costs of administration.
• N.C. Gen. Stat. § 28A-17-1 (Petition to sell real property to pay debts) – Process to obtain a court order authorizing a sale.

Analysis

Apply the Rule to the Facts: Because you paid HOA dues and utilities to keep the reverse-mortgaged home from deteriorating or going into lien/foreclosure, those payments are likely “necessary” administration expenses. You should submit receipts and a request for approval to the Clerk. If you sell the home, the lender’s deed of trust and any HOA lien are paid first from sale proceeds, and only any remainder is available to reimburse your approved expenses and other claims. Given limited cash and creditor claims, follow the claim order carefully.

Process & Timing

1. Who files: The administrator. Where: Clerk of Superior Court in the county where the estate is pending. What: File your interim or final account (with invoices and proof of payment) requesting allowance of HOA and utility costs as administration expenses; if you plan to sell the home to pay debts, file a special proceeding under Article 17 for an order to sell real property. When: Publish/mail creditor notice early; generally avoid paying lower-priority claims until after the creditor period (at least three months from first publication).
2. On a sale petition, serve heirs/devisees; the Clerk may authorize a public sale or a private sale with a 10‑day upset-bid period. Expect several weeks to a few months from filing to a confirmed sale, depending on county practices and bids.
3. At closing, liens on the property are paid from sale proceeds; deposit the net into the estate. The Clerk reviews your account and, if approved, allows reimbursement of your necessary administration expenses from available estate funds.

Exceptions & Pitfalls

• Do not assume all utilities qualify—nonessential services (e.g., premium cable) are unlikely to be allowed. Keep essential services minimal and tied to preservation or marketing.
• Paying upkeep on real property for extended periods without Clerk approval can be disallowed; get authorization or include the expenses promptly in an account for review.
• If the estate is insolvent, paying lower‑priority claims before higher‑priority ones can create personal liability. Follow the statutory order and document every step.
• Sale proceeds from the house must first satisfy liens on that property; if liens exhaust the proceeds, there may be no funds left to reimburse you.

Talk to a Probate Attorney

If you’re dealing with reimbursement for HOA dues and utilities and a potential court‑ordered sale to pay estate debts, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at 919-341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.