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Do Executors Need to File a Creditor’s Claim for Reimbursement of Expenses?

10/8/2024

 
When an executor incurs expenses in administering an estate, one common question is whether they need to file a creditor’s claim to be reimbursed. The short answer is: No, an executor does not need to file a creditor’s claim for reimbursement of expenses related to estate administration. Here's why:
Executor’s Expenses vs. Creditor ClaimsAn executor’s expenses, such as court fees, attorney fees, or costs related to property maintenance, are considered administrative expenses. These are not debts owed by the decedent before death (like medical bills or personal loans) but rather costs incurred after the decedent’s death in managing and settling the estate. As such, they are handled differently in the probate process.
How Reimbursement Works
  1. Reimbursement through Probate: The executor submits a detailed accounting of all expenses to the probate court. This typically happens during the final accounting stage or via an interim petition for reimbursement.
  2. Court Review and Approval: The probate court reviews these expenses to ensure they are reasonable and necessary for the administration of the estate. If approved, the executor is reimbursed from the estate's assets.
No Creditor's Claim NeededSince the executor’s expenses are administrative in nature, they do not fall under the same category as creditor claims. Creditor claims are reserved for debts the decedent owed at the time of their death, not for costs incurred in managing the estate.

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