Can I Seek Reimbursement from the Estate for Paying the Funeral Bill in ME?

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.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

Detailed Answer

Under Maine law, funeral expenses paid on behalf of a decedent qualify as allowable expenses of administration and receive priority over most other debts. Title 18-C of the Maine Probate Code governs this process:

  • Statutory Priority: Funeral expenses fall under “expenses of administration” and have first priority in distribution. (See 18-C M.R.S. § 303(1)(A).)
  • Payment Limits: A personal representative may pay reasonable funeral costs without court approval. (See 18-C M.R.S. § 302(AB.)
  • Filing a Claim: If you paid the bill yourself, present your claim to the personal representative. If the representative disputes your claim or fails to act, you must file a formal claim in probate court within nine months after the representative’s appointment or publication of notice to creditors. (See 18-C M.R.S. § 3-803(A).

To seek reimbursement:

  1. Gather documentation: invoice from the funeral home, proof of payment (receipts or canceled checks), and the death certificate.
  2. Submit a written claim to the personal representative, clearly itemizing the funeral expenses.
  3. If the claim is denied or ignored, file a creditor’s claim in the probate court handling the estate, following local filing procedures and deadlines.
  4. Attend any required hearings and provide any additional evidence to support your claim.

If the estate lacks sufficient assets to cover all debts, funeral expenses remain among the highest-priority debts. You may recover up to the full amount of reasonable funeral expenses, regardless of the estate’s size.

Disclaimer: This article provides general information about Maine law and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.

Helpful Hints

  • Act quickly: Maine’s nine-month deadline to file claims is strict.
  • Keep detailed records: invoices, receipts, and correspondence help prove your expense.
  • Communicate in writing: send claims by certified mail to create a clear record.
  • Understand “reasonable” costs: charges must align with local funeral service standards.
  • Consider limited legal assistance: a probate attorney can advise on complex estates.

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.