Executorship

[Exechal]

I am the executor of an estate and have partially distributed monies under the will, only to find that so far the property has not sold and funds are running very low. There is now double Council Tax and service charges due. Will I be liable for these personally and what happens if the flat does not sell? I am putting it up for auction.

[atticus]

How can you be executor and "find" that a property in the estate has not been sold? Either "only to find" was not the best choice of words or you have not been paying sufficient attention to the responsibilities of your position as executor.

The likelihood is that these liabilities fall to the estate, but you may be liable if, having paid money out, liabilities cannot be settled in full.

[PallasAthena]

Sounds like you have paid out more 'on account' than you should have done but as long as the estate is solvent and has enough money to meet all its debts when the flat is eventually sold you should be OK in the end.

But until it is sold you might have to fund costs like council tax yourself and then reclaim those expenses when the flat is sold.

Unless you can persuade the beneficiaries to return some of the money you have paid to them...