Can I recover funeral expenses and other costs I paid before the estate is settled?

Short answer: Often yes. In Michigan you can usually be reimbursed from the decedent’s estate for reasonable funeral expenses and other necessary costs you paid before the estate is settled, but you must follow probate procedures, meet filing deadlines, and prove the expenses. This is a general explanation and not legal advice.

Detailed Answer — How reimbursement works under Michigan law

When someone dies, their unpaid debts and valid claims are generally paid from the estate before beneficiaries receive distributions. Funeral expenses, costs of administration, and other necessary charges are treated as claims against the estate. If you paid for the funeral or other reasonable expenses out of your own funds, you may present a claim to the estate to be paid back.

In Michigan, creditor claims and the process for presenting and resolving claims against an estate are governed by the Estates and Protected Individuals Code (EPIC). The personal representative (formerly called an executor or administrator) has a duty to gather estate assets, pay valid claims in the proper order, and distribute the remainder to heirs or beneficiaries. Creditors and other claimants normally must present their claims to the personal representative within the statutory claim period. For details on creditor claims see Michigan law governing claims against decedent’s estate (see the probate creditor-claim provisions: MCL 700.3801 et seq.).

What counts as a recoverable expense?

• Reasonable funeral and burial expenses (funeral home, burial or cremation fees, cemetery charges, basic memorial services).
• Immediate necessary expenses to protect or preserve estate property (e.g., refrigeration of remains, urgent home repairs to prevent loss, towing or storage costs).
• Costs the personal representative has a duty to pay as administration expenses (e.g., probate filing fees, appraisal fees, necessary insurance).

“Reasonable” depends on the circumstances—customary charges in the community are more likely to be allowed than luxurious or unrelated purchases.

Priority of payment

Funeral expenses and administration costs are generally treated as priority claims to be paid before distributions to heirs. If the estate has insufficient assets, priority rules determine which claims are paid. The personal representative must follow the law and the court’s directions when distributing estate funds.

Practical steps to recover what you paid

1. Keep documents: Save original receipts, invoices, contracts with the funeral home, proof of payment (bank or credit-card records), and the decedent’s death certificate.
2. Identify the personal representative: Find out who was appointed personal representative. If no one has been appointed, a probate filing may be required before the estate can lawfully pay claims.
3. Deliver a written claim: Send a written claim (invoice + copies of receipts) to the personal representative. Keep proof of delivery (certified mail or other tracking). Many estates require claims to be presented in writing.
4. File with the probate court if necessary: If the personal representative ignores or denies your claim, you can file the claim with the probate court where the estate is open and ask the court to allow the claim.
5. Act promptly: Claims are subject to strict time limits (see next section).

Time limits and important deadlines

Michigan law establishes deadlines for presenting creditor claims to an estate. Common deadlines under EPIC generally include a limited period after notice to creditors (often four months after the date of the first published notice to creditors) and alternative deadlines for known creditors. If you miss the statutory time limit, you can be barred from recovering from estate assets. For specific claim-period rules and exceptions, see the probate-claims provisions of the EPIC (creditor-claim statutes: MCL 700.3801 et seq.).

What if the estate hasn’t been opened or is insolvent?

If no personal representative has been appointed, a claimant should generally encourage a family member to open a probate estate or consider initiating a petition themselves so claims can be processed properly. If the estate is insolvent (debts exceed assets), priority rules determine which creditors get paid; funeral expenses and administration costs often have priority over general unsecured creditors, but an insolvent estate may still leave some claims unpaid.

Small-estate and alternative options

Michigan provides simplified procedures for small estates. If the estate qualifies for a small-estate process (for example, if the total estate value is below a statutory threshold and there are no need for full probate), you may use those streamlined procedures to recover payments. Check probate forms and court rules for Michigan’s small-estate procedures: Michigan Probate Forms — State Court Administrative Office.

If the personal representative refuses or you are the personal representative

If the personal representative refuses your valid claim, you can file a verified claim in probate court and ask the court to determine whether it should be allowed and paid. If you are the personal representative and you already paid reasonable funeral or administration expenses out of your own funds, you may be able to reimburse yourself as an administration expense, but you must keep clear records and follow court reporting and accounting requirements.

When to consult an attorney

Consider speaking with a probate attorney if:

• The personal representative refuses your claim, or you suspect the claim was mishandled.
• The estate appears insolvent or there is disagreement about priority of claims.
• Complex issues exist (e.g., disputes among heirs, contested funeral charges, creditor litigation).

An attorney can help prepare and file a creditor’s claim, represent you in probate court, and explain whether a small-estate procedure might apply.

Links to key Michigan resources:

• MCL creditor-claim provisions: MCL 700.3801 et seq.
• Michigan probate forms and instructions: Michigan Probate Forms — SCAO

Disclaimer

This article is educational only and is not legal advice. Laws change and facts matter. For help with a specific case, talk to a licensed Michigan probate attorney.

Helpful Hints

• Save all original funeral contracts, receipts, and proof of payment—those are the strongest evidence to support reimbursement.
• Deliver claims in writing and keep copies; use certified mail or delivery confirmation.
• If you suspect a small-estate process applies, check the probate forms page for filing instructions to speed reimbursement.
• Be realistic about “reasonable” costs—courts scrutinize unusually high funeral charges.
• If the funeral home is threatening to withhold remains or ashes, document communications and consult an attorney promptly—there are specific legal rules about retention and liens.
• If you are the personal representative, get court approval before paying large or disputed claims to avoid personal liability later.
• Act quickly—missing statutory deadlines can block recovery even for legitimate expenses.