Detailed answer — how reimbursement works under South Dakota law

When a person dies, bills related to the death (for example, funeral and burial costs, hospital bills from the last illness, and reasonable costs of administering the estate) are normally paid out of estate assets before beneficiaries receive distributions. South Dakota administers estates under Title 29A (the South Dakota Probate Code). The personal representative is responsible for collecting estate assets, paying valid claims and expenses, and distributing what remains to heirs or beneficiaries. See South Dakota Probate Code (Title 29A) for general rules: https://sdlegislature.gov/Statutes/Codified_Laws/Default.aspx?title=29A

Who can recover? Anyone who paid a reasonable funeral or administration expense from their own funds — a family member, friend, or a funeral home — may have a valid claim against the estate. Typical payors include the person who contracted with the funeral home, a spouse, a child, or a creditor (funeral home). To be reimbursed you generally must present a written claim to the personal representative and, if necessary, seek allowance from the probate court.

What counts as a reimbursable expense?

• Reasonable funeral and burial expenses (burial plot, casket, funeral home services, cremation fees).
• Expenses of administering the estate that are necessary and reasonable (probate court costs, fees paid to the personal representative, and costs of asset preservation or sale).
• Last-illness medical bills that are legitimate debts of the decedent (subject to creditor claim procedures).

How to get reimbursed — step by step

1. Keep detailed receipts and an itemized statement of every cost you paid relating to the funeral or estate administration.
2. Identify the personal representative (executor/administrator). If probate has not yet opened, a funeral payor can ask the funeral home whether probate has started and who the appointed representative is.
3. Submit a written claim to the personal representative with copies of receipts, a statement of the amount you paid, and a request for reimbursement. Keep copies of everything.
4. If the claim is denied or ignored, ask the court to allow your claim in the probate case. The probate court can resolve disputes about the reasonableness and priority of claims.

Priority of payment and insolvency

If the estate has limited assets, the probate code sets priorities. Administrative expenses and reasonable funeral expenses typically receive priority over many unsecured creditor claims and distributions to beneficiaries. If the estate lacks sufficient funds to pay all claims, some claims will be reduced or unpaid according to statutory priority rules. For the exact statutory priority scheme, consult Title 29A of the South Dakota Codified Laws: https://sdlegislature.gov/Statutes/Codified_Laws/Default.aspx?title=29A

Special situations

• Funeral home lien: In many states funeral homes may have a statutory lien or retention right for unpaid funeral charges. Check whether a lien exists and whether the funeral home gave you written information about lien rights. If a funeral home holds a lien, it may be paid from estate assets or assert its charge against certain property.
• Small estates: If the estate qualifies as a small estate under South Dakota law, there may be a simplified procedure (small estate affidavit or summary probate) that speeds payment of funeral and other claims. Review Title 29A or consult counsel to see if small estate procedures apply.
• Third-party liability and insurance: If the decedent’s death is covered by life insurance, payable-on-death accounts, or other non-probate assets, those funds may not be available to pay estate claims unless they pass into probate or the beneficiaries assign rights. In some cases, funeral payors can seek payment from insurance proceeds or liable third parties (for example, in wrongful-death or liability claims).

What if the personal representative refuses to reimburse?

If the personal representative refuses to reimburse valid expenses, you can file a claim in the probate case and ask the court to order payment. You may also petition the court for an accounting or for removal if the representative is not performing duties properly. Keep in mind courts focus on whether charges were reasonable and whether the claimant followed probate claim procedures.

Practical timeline advice

Act promptly. Preserve receipts, submit your claim in writing as soon as you know who the personal representative is, and monitor the probate case. Delay increases the risk that assets are distributed or that statute-of-limitations or creditor notice deadlines expire.

Helpful Hints

• Always get itemized receipts and written contracts for funeral services. The probate court will evaluate reasonableness based on documentation.
• Send your claim to the personal representative by certified mail and keep proof of delivery.
• Ask the funeral home whether they assert a lien or have already filed a claim in probate.
• Check whether the estate qualifies for small estate procedures to speed recovery of funds you paid personally.
• If you paid credit card or medical bills for the decedent, keep statements that tie charges to the death-related services.
• If the estate appears insolvent, consult a South Dakota probate attorney to evaluate priority and whether your claim is likely to be paid.
• When in doubt, file a claim in the probate case — failing to present a claim can forfeit your right to reimbursement.