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

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

Recovering Funeral Expenses and Pre-Administration Costs in Missouri

Short answer: In Missouri you can often be reimbursed for reasonable funeral expenses and other costs you paid before an estate is settled. You normally present a written claim to the personal representative (executor or administrator). If the representative refuses or ignores the claim, you can ask the probate court to allow the claim and order payment from estate assets. Priority, timelines, and exact procedures depend on Missouri probate law and the estate’s financial condition.

Detailed Answer — How reimbursement works under Missouri law

1. Who handles payment?

After a death, the court appoints a personal representative (PR). The PR has duty to marshal assets, pay valid debts and administration expenses, and distribute what remains to heirs or beneficiaries. Reasonable funeral expenses and other necessary administrative costs are typically treated as expenses of administration and are paid from the estate before distribution to beneficiaries. For Missouri statutes on probate procedure and administration, see the probate chapters of the Revised Statutes of Missouri: Chapter 474 (Probate Procedure) and Chapter 473 (Estates).

2. What counts as a reimbursable expense?

Expenses commonly reimbursed include reasonable funeral, burial or cremation costs, costs to preserve or collect estate assets, necessary medical expenses of last illness (in some cases), obituary notices, and other administration costs required to settle the estate. Keep itemized receipts, bills, and any contract documents. Reasonableness is judged by what is customary and necessary under the circumstances.

3. How to get reimbursed

  1. Prepare a written itemized claim listing each expense, date, payee, and attach original receipts or invoices.
  2. Deliver the claim to the personal representative (or their attorney). If you don’t know who the PR is, check the court file at the probate court where the estate is opened.
  3. If the PR acknowledges the claim and the estate has sufficient funds, the PR should pay the claim as an administration expense.
  4. If the PR denies or ignores the claim, you can file the claim formally with the probate court and ask the judge to allow it and order payment.

4. Priority and insolvency

When the estate has limited assets, Missouri law and probate priorities determine which claims get paid first. Generally, administration expenses (including funeral costs) have priority over many unsecured claims and distributions to heirs, but exact priority order can vary with the type of claim and statute. If estate assets are insufficient, you may receive only a portion of your claim or none at all. In insolvent estates, the PR must follow statutory order of payment. See the probate and estates chapters for the statutory framework: RSMo Chapter 474 and RSMo Chapter 473.

5. Special situations

  • Life insurance, retirement accounts, payable-on-death (POD) bank accounts and some jointly held assets pass outside probate to named beneficiaries. You cannot generally claim reimbursement from those non-probate assets through the estate — beneficiaries or contract rules control those funds.
  • If you prepaid a funeral with a contract, that contract or provider’s obligations and remedies will govern reimbursement and transfer of funds.
  • If you are a spouse or dependent, you may also be eligible for a family allowance while probate proceeds. Statutory family allowance provisions and amounts are governed by Missouri law (see probate statutes).

6. Timing — present your claim promptly

Present your claim as soon as possible after you pay expenses. Prompt filing reduces the chance the PR will say the claim is stale or that the court lacks jurisdiction to prioritize it. If the estate is already in probate, follow the formal claims procedure in the probate court file. If you learn of a PR’s appointment, deliver your claim and request an acknowledgement in writing.

7. If the personal representative refuses to pay

  1. Send a written demand with copies of receipts.
  2. File a claim and supporting documents with the probate court handling the estate. The court can allow the claim and order payment if the claim is valid and the estate has funds.
  3. If necessary, seek a court hearing where you present evidence of the expense and its reasonableness.

8. When to consider hiring an attorney

If the PR denies your claim, the estate appears insolvent, disputes exist among heirs or creditors, or the amounts involved are significant, consult an attorney familiar with Missouri probate. An attorney can prepare and file claims, represent you at hearings, and help enforce court orders for payment.

Relevant Missouri statutory resources (general):

Because Missouri law addresses many detailed rules (priority of claims, family allowances, small estate procedures and time limits), review of the specific statute language and the probate court file for the estate is usually necessary to determine your best route to recovery.

Helpful Hints — Practical steps to maximize your chance of reimbursement

  • Save every receipt, invoice and contract related to the funeral or other pre-administration costs. Itemize each expense.
  • Get the name and contact information of the personal representative and their attorney from the probate court record as soon as possible.
  • Present a written, itemized claim to the PR and keep proof of delivery (email, certified mail, or court filing receipt).
  • If a claim is denied, file the claim in the probate court that opened the estate and request a hearing.
  • Be aware some assets are non-probate (life insurance, POD accounts) and won’t be available to pay estate claims.
  • If the estate looks insolvent, get legal advice early to understand your priority and whether a separate civil action is appropriate.
  • Consider small-estate or summary procedures only when you confirm the estate qualifies under Missouri law and that portion will cover your claim.

Where to find additional help: Contact the probate clerk at the county courthouse where the decedent lived to view filings and learn who the personal representative is. For complex disputes, consult an attorney licensed in Missouri who handles probate and estate matters.

Important disclaimer

This article explains general principles under Missouri law and is for educational purposes only. It is not legal advice, does not create an attorney-client relationship, and may not reflect changes in the law. For advice about a specific situation, consult a licensed Missouri attorney.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.