An executor who takes on the administration of an estate that includes real property is not simply a passive administrator waiting for the probate process to run its course. From the moment they receive their Letters Testamentary or Letters of Administration, they have active obligations to maintain and protect the estate’s property.

These are not aspirational guidelines – they derive from the executor’s fiduciary duty to the estate and its beneficiaries, and breach of these duties can result in personal liability. This article sets out the legal basis for the executor’s maintenance obligations, the practical scope of those obligations, the safety and liability issues that arise from vacant properties, how to budget for maintenance costs, and the documentation practices that protect the executor throughout the administration.

The Legal Duty to Preserve Estate Assets

An executor’s fiduciary duty encompasses a duty of preservation: the obligation to protect and maintain estate assets so that their value is not diminished through neglect during the administration period. For real property, this duty is particularly significant because:

• Real property is typically the estate’s most valuable asset
• Unlike financial accounts, physical property can deteriorate if left unattended
• Deterioration can reduce the sale price, and a reduced sale price means reduced distributions to beneficiaries
• A property that falls into serious disrepair may become difficult to sell at any price, or may require significant expenditure to restore marketability

Courts that supervise probate take the preservation duty seriously. Executors who allow estate property to deteriorate without taking reasonable steps to prevent it face surcharge claims – court-ordered obligations to compensate the estate from their personal funds for the resulting loss.

Routine Property Maintenance Expectations

The executor’s maintenance obligations begin from the date the property comes under their administration and continue until the property is sold, transferred to a beneficiary, or otherwise leaves the estate. Routine maintenance during this period includes:

Securing the Property

The first step after the owner’s death – often before formal probate proceedings have even begun – is to ensure the property is physically secure. This means confirming that all entry points are locked, changing the locks if copies of the original keys are circulating among unknown parties, and arranging basic security measures such as motion-sensor lighting or a basic alarm system if the property is in a location where vandalism or break-ins are a concern.

Maintaining Utilities

The executor must make decisions about which utilities to maintain during the vacancy. Electricity for security lighting and to keep the structure at a safe temperature is generally advisable. Water service may be maintained or shut off depending on the climate and insurance requirements. In properties with HVAC systems, maintaining a minimum temperature prevents pipe damage in winter and mold growth in humid climates year-round.

These decisions should be made in the context of the property’s insurance policy requirements (see also: do you need probate property insurance for a vacant inherited home), which may specify minimum temperature maintenance or require utilities to be in specific states.

Exterior Upkeep

Lawn care, landscaping, snow removal, and gutter clearing are not cosmetic concerns only. Overgrown grass and an evidently unmaintained exterior signal vacancy, which attracts unwanted attention. Local municipalities may also impose fines for unmaintained properties, and those fines become estate liabilities. Some jurisdictions have specific codes requiring minimum maintenance standards for all properties, occupied or not.

The executor should arrange for regular exterior maintenance on a schedule appropriate to the season and local conditions.

Addressing Maintenance Issues Promptly

When problems are identified during property inspections – a roof leak, a broken window, evidence of water intrusion, plumbing issues – the executor should arrange for remediation promptly. Deferred maintenance compounds: a small roof leak can become a major structural problem if left unaddressed over several months. The executor’s duty is not to restore the property to its best-ever condition, but to prevent deterioration from causing loss of value.

Managing Utilities and Bills

Property taxes, homeowner’s association fees, utility bills, and insurance premiums continue to accrue during probate. The executor must ensure these are paid from estate funds as they come due. Missed property tax payments can result in penalties and ultimately in a tax lien that complicates or prevents a clean title transfer. Missed HOA fees can result in fines and collection actions. See also: who pays the mortgage on a house during probate.

Safety and Liability Issues

An executor who controls a property has potential liability exposure for injuries or losses that occur on the premises. While the legal standards vary by state, the general principle is that a property owner – or a fiduciary acting in the capacity of an owner – owes some duty of care to people who may come onto the property.

Trespassers and Squatters

Vacant probate properties are vulnerable to unauthorized entry by trespassers and squatters. Beyond the property damage such occupants may cause, their presence creates potential liability issues. In some states, the attractive nuisance doctrine may impose liability for injuries to children who enter a property attracted by a hazard – an open pool, accessible construction materials, or a structurally unsound structure.

Securing the property against unauthorized entry – including boarding broken windows, fencing off hazardous areas, and removing obvious hazards – is both a practical maintenance measure and a liability management step.

Structural Hazards

If a property inspection reveals structural hazards – a collapsed section of ceiling, a deck with unsound supports, steps in disrepair – the executor must take action. This may mean arranging repairs, restricting access to affected areas, posting warning signs, or in extreme cases arranging for the property to be professionally assessed for safety. Allowing a known hazard to remain unaddressed creates direct liability exposure.

Environmental Hazards

Older probate properties may contain environmental hazards such as lead paint, asbestos, oil tanks, or mold. These must be handled in accordance with applicable federal and state regulations. Lead paint disclosure requirements apply to the sale of pre-1978 properties regardless of probate status; asbestos in deteriorating condition may require abatement before the property can be safely marketed.

Budgeting for Repairs and Maintenance

The executor cannot make responsible maintenance decisions without a budget framework. As early as possible after appointment, the executor should:

1. Conduct an initial property inspection or commission a professional inspection to identify the current condition of all major systems (roof, HVAC, plumbing, electrical, foundation).
2. Prepare a preliminary budget covering all ongoing costs: mortgage payments, property taxes, insurance, utilities, HOA fees, lawn care, and routine maintenance.
3. Identify any urgent repair needs and obtain cost estimates.
4. Project the total maintenance costs for the expected duration of the administration period.
5. Compare projected costs against available estate liquid assets to assess whether there is a cash flow risk.

All estate expenses, including maintenance costs, are legitimate deductions from the estate’s assets and are paid before distributions to beneficiaries. However, the executor must be able to justify each expenditure as reasonable and necessary. Spending lavishly on improvements that go beyond preservation – or making changes that reflect the executor’s personal preferences rather than the estate’s interests – can be challenged by beneficiaries.

The Difference Between Maintenance and Improvement

This distinction matters both legally and financially. Maintenance spending preserves existing value – it is clearly within the executor’s mandate. Improvement spending attempts to add value beyond the property’s current condition – it is more complex and may require court approval or beneficiary consent in supervised administration states.

Replacing a failed roof with materials of equivalent quality is maintenance. Replacing a functional outdated kitchen with a modern renovation is an improvement. The executor’s duty covers the former; the latter requires careful consideration of whether the expected return justifies the cost, the additional time required, and the procedural requirements that may apply.

Documentation Practices

The executor is accountable to the court and the beneficiaries for every decision made during the administration. For property maintenance, sound documentation practices include:

• Keeping a property log that records every inspection visit, the date, who conducted it, and the condition of the property at each visit
• Retaining all receipts, invoices, and contracts for maintenance work performed, including the date, scope of work, and amount paid
• Photographing the property’s condition at regular intervals, both interior and exterior
• Documenting decisions about deferred repairs – including why the repair was not addressed immediately and what steps were taken instead
• Filing all insurance correspondence, policy documents, and claims in the estate’s records

This documentation serves two purposes: it demonstrates that the executor met their maintenance obligations, and it provides the data needed for the estate accounting that must ultimately be filed with the probate court.

Conclusion

Executors have active, ongoing maintenance responsibilities for estate property that arise from their fiduciary duty to preserve estate assets. These obligations cover physical security, utility management, exterior upkeep, prompt response to maintenance issues, payment of ongoing financial obligations, and liability management. They begin immediately upon appointment and continue until the property leaves the estate.

Meeting these obligations requires proactive management, early budgeting, and thorough documentation. Executors who treat estate property maintenance as a priority – rather than a background task during a busy administration period – protect both the estate’s value and their own standing as fiduciary.