Detailed answer — what Vermont law and practice say

Vermont’s probate system treats funeral expenses and many estate-related costs as expenses of administration. That means the estate, through the personal representative, pays reasonable and necessary costs incurred to preserve and wind up the decedent’s affairs. Common reimbursable items include:

• Reasonable funeral and burial expenses (funeral home, cemetery, cremation, transportation related to the funeral).
• Expenses needed to preserve estate property (insurance, boarding, property maintenance) and to complete administration (appraisal, probate filing fees).
• Medical bills of the decedent that are properly presented as claims against the estate (subject to priority rules).

If you paid funeral or other costs before the estate has been opened or before a personal representative was appointed, Vermont practice allows you to present those unpaid amounts as a claim against the estate. The personal representative then evaluates and, if allowed, pays the claim from estate assets. If the representative refuses, you can ask the probate court to allow the claim.

Vermont’s statutes and probate rules govern how claims are filed, what gets priority, and how creditors are notified. For the governing statutes and related provisions, see Title 14 of the Vermont Statutes (Probate and Estates): https://legislature.vermont.gov/statutes/title/14. For practical guidance and local filing procedures, contact the Vermont Probate Division: https://www.vermontjudiciary.org/courts/probate.

Who can recover expenses?

Typical claimants include:

• The personal representative who pays expenses of administration out of their own funds before estate assets are available (the representative is reimbursed).
• A family member, friend, or funeral provider who paid for funeral charges before the estate had assets distributed — they can present a creditor claim.
• A creditor (medical provider, vendor) who provided goods or services to the decedent before death and then files a claim against the estate for unpaid charges.

What documentation do you need?

Document everything. Typical evidence that supports reimbursement includes:

• Original receipts and invoices (funeral home, cemetery, transportation, medical).
• A funeral contract or itemized statement identifying services provided.
• Proof of payment (cancelled checks, credit-card statements, bank records).
• Communications showing who arranged the funeral and why payment was required.

What if the estate has limited assets or is insolvent?

If the estate’s assets are insufficient to pay all claims, probate law establishes an order of priority. Administrative expenses (including reasonable funeral and burial expenses) generally are paid before general unsecured claims, but details and priority amounts can vary. If an estate is insolvent, some or all claims may only be partially paid, and some creditors may receive nothing. In that situation, raise your claim promptly with the personal representative and the probate court.

What if no personal representative is appointed yet?

If no representative has been appointed and you paid necessary expenses, you have two main routes:

1. Ask the person with authority (heir or next of kin) to open a probate estate and appoint a personal representative; once appointed, the representative can reimburse you.
2. File a proof of claim directly with the probate court after the estate is opened, or petition the court to allow your claim if the representative refuses.

Prepaid funeral plans and insurance

Prepaid funeral contracts and funeral insurance policies often pass outside the estate or are paid directly by the plan or insurer. Whether those funds are part of the probate estate depends on how the contract or policy is titled. Keep copies of any prepaid contract or policy; the personal representative must account for those assets when administering the estate.

Practical steps to recover what you paid

1. Keep original receipts, invoices, contracts, and proof of payment. Scan copies for backup.
2. Find out whether a probate case has been opened. Contact the Vermont Probate Division or the local probate court clerk: https://www.vermontjudiciary.org/courts/probate.
3. If a personal representative is appointed, present your claim in writing with documentation. Ask for written acknowledgment.
4. If your claim is denied or ignored, file a written claim with the probate court and, if needed, petition the court to allow the claim.
5. If no representative is on file and you want reimbursement, consider filing a petition to open probate and ask the court to appoint a representative so estate expenses can be handled properly.

Always respond to probate notices and follow any deadlines set by the court for filing claims. Missing a court deadline can jeopardize your ability to recover.

When should you get a lawyer?

Consider seeking an attorney if:

• The estate appears insolvent or complex (real estate, business interests, tax issues).
• The personal representative denies your claim or disallows part of it.
• There is a dispute about what funeral or administrative expenses were reasonable and necessary.
• You need help locating or accessing probate assets or interpreting a prepaid funeral contract or insurance policy.

An attorney can help prepare and present claims to the probate court, protect your priority if the estate lacks funds, and represent you in contested proceedings.

Helpful Hints

• Save all originals: receipts, contracts, canceled checks, bank statements, and communications with funeral providers.
• Ask the funeral home for a detailed, itemized statement showing services and costs. Itemized bills make claims easier to evaluate and defend.
• Ask whether funeral plans or insurance will cover the charges before paying out of pocket.
• Act promptly. File any required probate claim or petition quickly and follow up in writing.
• Keep copies of every document you submit to the personal representative or probate court and get written acknowledgements when possible.
• If the estate lacks funds, try to get an agreement in writing about any partial payment plan or priority treatment from the personal representative.
• Contact the probate clerk in the county where the decedent lived for local forms and specific filing requirements: https://www.vermontjudiciary.org/courts/probate.