Unless contrary to the decedent's will, the personal representative of the estate is authorized, but not required, to advance or to pay as an expense of administration for a period of up to four (4) months after the decedent's death the reasonable costs of routine upkeep of any real property passing under the will of the decedent or by intestate succession. These authorized expenditures, which may be made in the personal representative's discretion, shall include those for utility services, day-to-day maintenance, lawn service, and insurance premiums but shall not include mortgage note payments, real estate taxes, major repairs or other extraordinary expenses. None of the foregoing limitations shall apply to any real property that is actually part of the probate estate being administered.
Acts 1997, ch. 426, § 9.
Notes of Decisions
In Re: Est. of Jesse L McCants Sr (2018).
· cites it 7× “Tenn. Code Ann. § 30-2-323 . In essence, this statute provides the personal representative with a source of authority, unless contrary to the decedent’s will, to prevent waste of real property that might otherwise occur before the ultimate takers are proved and notified of their…”
In Re Est. of James A. Price (Tenn. Ct. App. 2025).
· cites it 6× “” Tenn. Code Ann. § 30-2-323 . As shown above, Decedent’s Will clearly provided that all interests in real property owned by Decedent at his death would be held by the Estate and would “not pass by operation of any law.”
In Re The Est. of Jesse L. McCants, Sr. (2020).
· cites it 4× “Relying on Tenn. Code Ann. § 30-2-323 , the court ruled that $6,087 in expenses relating to the maintenance of the Cordelia Lane residence should be disallowed because they were incurred more than four months after the death of decedent.”
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