Probate Q&A Series

How do I pay for lawn mowing and property maintenance from an estate account in North Carolina?

1. Detailed Answer

When you serve as a personal representative (administrator or executor) of a North Carolina estate, you hold a fiduciary duty to manage and protect estate assets. Keeping real property in good condition often requires routine lawn care and maintenance. You may use estate funds to pay these costs, but you must follow the rules set by North Carolina law.

Step 1: Ensure Proper Appointment

First, confirm that the clerk of court has appointed you and issued Letters Testamentary or Letters of Administration. These documents give you legal authority to handle estate finances.

Step 2: Review the Estate Inventory and Cash Availability

Check the estate’s inventory and any cash on hand. If the estate lacks sufficient funds, you may need to liquidate non-exempt assets before paying maintenance bills.

Step 3: Document Necessary and Reasonable Expenses

North Carolina law allows a personal representative to pay “necessary and proper expenses of preserving, managing, and marketing any part of the estate”. See N.C. Gen. Stat. § 28A-13-3. Lawn mowing and property upkeep clearly qualify as preservation expenses.

Step 4: Obtain and Keep Detailed Invoices

Ask your lawn care provider for an itemized invoice. The invoice should list dates of service, types of work performed (mowing, edging, debris removal), and the total cost. Keep these records with your estate file to support each payment.

Step 5: Issue Payment from the Estate Bank Account

Open a dedicated estate bank account if you haven’t already. Write a check or use online bill-pay from that account. Clearly label the memo line with the estate name and the nature of the expense, for example, “Estate of Jane Doe – Lawn Care 2024.” Record the payment in your estate accounting ledger.

Step 6: File Annual or Final Accountings

North Carolina courts require personal representatives to file accountings when distributing assets or when beneficiaries request them. Include all lawn care and maintenance invoices in your accounting, so the court and beneficiaries can verify the expenses. See N.C. Gen. Stat. § 28A-18-3.

2. Key Points to Remember

  • Verify your appointment with Letters Testamentary or Administration.
  • Use only estate funds; never mix personal and estate money.
  • Obtain itemized, dated invoices that describe the work performed.
  • Label payments clearly with estate information.
  • Keep detailed records for estate accountings and court filings.
  • Follow the priority of payments under North Carolina law.

Keeping estate property in good condition protects value for beneficiaries. If you have questions about paying maintenance bills or need guidance on managing estate funds, contact Pierce Law Group. Our attorneys bring years of probate administration experience to every case.

Call us today: (919) 341-7055 or email intake@piercelaw.com to schedule a consultation.