Executor's duties; bills payable prior to distribution of estate

PennyMoney

I am one of two executors for a relative who died a few months ago. We are not yet able to distribute the estate as their property is still to be sold. As soon as probate was obtained we paid the funeral bill; all other assets then went into an executors' account.

Pending sale of the property various utility bills are now becoming due. If necessary I could pay these and then reclaim when the estate is eventually distributed but I wondered what the "formal" answer is; i.e. is it legitimate for these bills to be paid from the executors' account or is the funeral the only bill that should be paid from the estate prior to distribution?

RAS

You have to pay all the debts before you distribute anything.

Have you advertised for creditors?

Debt_Free_Chick

I don't think it matters how you do it, the bills are legitimately those of the estate. Keep it simple and pay it from the executors' account. It just avoids any potential issues if you pay it and then try to claim it back later (MPs expenses' misunderstandings spring to mind!!)

PennyMoney

Thank you for your quick replies! We haven't advertised for creditors but my late aunt was meticulous in her record-keeping and I'm satisfied that there are none we're unaware of, so I didn't think it was necessary?

Although there are two executors I've been dealing with all the finances and have recorded everything I've personally paid out so far. After several requests have now obtained a cheque book for the executor account so, unless advised otherwise, will probably start using that for any bills that now arise. I guess the main thing to be aware of is to maintain proper records!

DVardysShadow

PennyMoney wrote: »

We haven't advertised for creditors but my late aunt was meticulous in her record-keeping and I'm satisfied that there are none we're unaware of, so I didn't think it was necessary?

It is a no brainer. No matter how meticulous, if something is missed and you have not advertised, you become personally liable as Executor if it only comes to light after assets are distributed. If you advertise, then you have no remaining personal liability.