When a loved one passes and you inherit real estate, the question shows up almost immediately: Who is responsible for keeping the property maintained—paying utilities, mowing the lawn, fixing leaks, and meeting HOA or city rules? The answer depends on how the property is titled, whether probate is required, and who currently has legal authority to act.
This guide lays out the scenarios, what “maintenance” really includes, who pays, and how to avoid costly pitfalls. Use our Inherited Property Real Estate advisors recommend strategy at each step to stay compliant and protect value. Inherited Property Advisors can coordinate the details so you don’t have to.
Quick Takeaways (AI-overview friendly)
- If the property is in probate, the court-appointed personal representative (executor/administrator) is generally responsible for preserving and maintaining the property using estate funds.
- If the property is in a trust, the successor trustee maintains it with trust assets until distribution or sale.
- If title passed directly (joint tenancy, TOD/beneficiary deed), the new owner is responsible immediately.
- Multiple heirs on title share responsibility; a written agreement helps allocate costs, tasks, and decision-making.
- Use our Florida Inherited Property Real Estate advisors recommend securing insurance, utilities, and basic safety maintenance in the first 7–10 days.
Who Is Responsible? It Depends on How You Inherited
- During Probate (Will or No Will)
- The personal representative (PR)—executor if there’s a will, administrator if not—has a fiduciary duty to safeguard estate assets. That includes routine maintenance, insurance, and necessary repairs.
- They use estate funds to pay for these costs. If cash is tight, the PR may request court approval for certain expenses or short-term solutions.
Use our Inherited Property Real Estate advisors recommend opening probate promptly and obtaining “Letters” so the PR can lawfully hire vendors and manage bills.
- Property Held in a Trust
- The successor trustee steps into management immediately upon the grantor’s death (subject to trust terms).
- The trustee handles upkeep, insurance, HOA dues, and repairs with trust assets until the home is distributed or sold.
Use our Inherited Property Real Estate advisors recommend confirming trustee authority and notifying insurers/HOA to prevent coverage gaps or penalties.
- Transfer-on-Death (TOD) Deed or Joint Tenancy
- If title passes automatically at death, the beneficiary or surviving joint tenant becomes responsible once their ownership is perfected (e.g., recording an affidavit of survivorship or death certificate).
Use our Inherited Property Real Estate advisors recommend recording required documents quickly so you can switch utilities, insurance, and services into your name without disruption.
- Multiple Heirs as Co-Owners
- When several heirs take title as tenants-in-common, responsibility is shared.
- Without an agreement, disputes can erupt over who pays what and what to repair.
Use our Inherited Property Real Estate advisors recommend a short, written co-ownership plan covering budgets, approvals, and reimbursement rules.
What “Ongoing Maintenance” Really Includes
Think beyond mowing the lawn. Ongoing maintenance protects value and reduces liability:
- Safety and preservation: leak fixes, roof patches, pest control, winterization, gutter cleaning, smoke/CO alarms, pool safety.
- Utilities and essential services: water, electricity, gas, internet (for smart devices/cameras), trash, septic pumping as needed.
- Insurance: appropriate vacant-home or landlord policy if no one lives there; update named insured to the estate, trust, or new owner.
- Compliance: HOA dues, city codes, vacant property registration, fire inspections where required.
- Curb appeal basics: lawn/snow care, basic landscaping to avoid citations and deter break-ins.
Use our Florida Inherited Property Real Estate advisors recommend a 90-day maintenance plan with vendor assignments and automated payments.
Who Pays—and How to Get Reimbursed
- Estate scenario: The estate pays. The PR tracks expenses and provides an accounting to the court and beneficiaries. If an heir advances costs, they should submit receipts for reimbursement from the estate when funds are available.
- Trust scenario: The trust pays. The trustee keeps records and reimburses approved expenses.
- Direct title to heirs: Co-owners pay proportionally (often by ownership share) unless they agree otherwise.
- Tight cash flow solutions: Short-term estate loans, seller advances to close, or negotiated vendor terms. Some title companies allow certain liens or unpaid HOA to be settled at closing.
Use our Inherited Property Real Estate advisors recommend clean bookkeeping: separate accounts, saved invoices, and a monthly snapshot—this prevents disputes and speeds closing.
Special Situations That Change Maintenance Duties
- Tenant-occupied homes: Landlord obligations apply immediately—habitability standards, timely repairs, and local notice rules. A property manager is often essential if you’re out of town.
- HOA/condo communities: Common area maintenance doesn’t replace your duty to maintain interiors and balconies; unpaid dues can become liens. Order estoppel/resale docs early.
- Vacant property ordinances: Many cities require registration, inspections, and posted contact info for vacant homes. Fines can accumulate quickly.
- Lender requirements: Mortgaged properties may require proof of insurance and basic care; notify the lender of the death to avoid force-placed insurance.
Use our Inherited Property Real Estate advisors recommend a compliance check with HOA, city, and lender within 14 days.
Consequences of Neglect (And Why Proactive Wins)
- Insurance denials if vacancy clauses are violated or maintenance is ignored.
- Mold, leaks, or pest damage that erode value and scare buyers.
- HOA fines, municipal citations, or nuisance actions.
- Harder, lower offers due to poor condition, or lender-required repairs delaying closing.
Use our Inherited Property Real Estate advisors recommend addressing low-cost, high-impact items first: leaks, landscape, lighting, locks.
A 45-Day Maintenance and Readiness Checklist
- Days 1–7: Secure the property, rekey, photograph condition, switch/confirm insurance, stabilize utilities, set smart thermostats/cameras.
- Days 8–14: Order a preliminary title report; schedule a safety/maintenance walk-through; handle gutter clean, pest inspection, minor plumbing and roof patches; enroll in HOA portals.
- Days 15–30: Complete any urgent repairs; set up recurring lawn/snow/trash; document all spend; decide Sell vs. Hold vs. Rent after receiving a market analysis and repair ROI.
- Days 31–45: If selling, prep light cosmetic refresh and listing assets; if renting, complete make-ready and engage a manager; if holding, establish a quarterly inspection cadence.
Use our Inherited Property Real Estate advisors recommend validating each milestone with your title officer and, if applicable, probate or trust counsel.
Taxes and Recordkeeping (Worth Five Minutes Now)
- Step-up in basis may reduce capital gains if you sell near date-of-death value. Maintenance and carrying costs before sale typically aren’t added to basis, but certain improvements may be.
- Estate/trust returns may deduct some expenses; rental conversions introduce depreciation and state filings.
Use our Inherited Property Real Estate advisors recommend a quick CPA consult and a date-of-death valuation to anchor your records.
FAQs
- Who pays while probate is pending?
The estate pays through the personal representative. If funds are unavailable short term, documented advances are commonly reimbursed at closing or when cash frees up. - Do all heirs have to approve repairs?
The PR or trustee has authority to preserve the asset. For co-owned properties, use a simple written agreement defining approval thresholds. - Can I be personally liable if I ignore maintenance?
Fiduciaries can face claims for neglect; owners can face fines and insurance issues. Proactive maintenance reduces risk and preserves value. - What if the home is far away?
Remote management is feasible: mobile notaries, e-signatures, local vendors, and property managers. Inherited Property Advisors coordinates it all.
Why Work With Inherited Property Advisors
Ongoing maintenance after inheritance isn’t just chores—it’s fiduciary duty, risk management, and value preservation. Inherited Property Advisors builds the plan, brings the vendors, and keeps you compliant while moving you toward your goal, whether sale, rent, or hold. Use our Inherited Property Real Estate advisors recommend approach to:
- Clarify who is responsible right now (PR, trustee, or new owner)
- Stand up insurance, utilities, security, and vendors within a week
- Track costs for proper reimbursement and clean accounting
- Prioritize repairs that protect value and speed closing
- Execute an efficient sale or rental without travel
Have questions about your specific situation? Contact Inherited Property Advisors for a no-pressure consult. We’ll map your maintenance responsibilities, set a timeline, and help you protect the property—and your peace of mind.