Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
Under Michigan’s Estates and Protected Individuals Code (EPIC), funeral expenses receive priority as an administrative expense in probate. Specifically, MCL 700.3618 defines “funeral expenses” as reasonable charges for funeral services, burial or cremation, and related costs. You may seek reimbursement from the estate if you paid for the decedent’s funeral, subject to these rules:
- Priority and Limit. Funeral expenses rank ahead of most unsecured claims. EPIC caps reimbursement at $5,000 unless the court approves a higher amount. For the statute text, see MCL 700.3618: michigan legislature • MCL 700.3618.
- Who Can Claim. Any person or funeral home that paid or provided services may file a claim against the estate to recover out-of-pocket expenses.
- Submitting Your Claim. Present an itemized bill and proof of payment to the personal representative (executor or administrator) of the estate. If the personal representative fails to pay, you must file a claim with the probate court.
- Deadline. Creditors, including individuals seeking funeral‐expense reimbursement, must file claims within the period set by MCL 700.3801. Generally, you have four months after the first publication of notice to creditors or two months after personal service of notice, whichever is later. See michigan legislature • MCL 700.3801.
- Insufficient Funds. If the estate assets are insufficient to cover all claims, funeral expenses (up to the statutory limit) remain among the highest‐priority items and will be paid before most unsecured creditors.
Helpful Hints
- Gather all receipts, contracts and itemized funeral bills before submitting a claim.
- Contact the personal representative promptly and provide a clear statement of your expenses.
- File your claim early to meet the probate‐court deadlines in MCL 700.3801.
- Request court approval for any charges exceeding $5,000 to increase your reimbursement limit.
- Keep copies of all documents and proof of service when filing with the court.
- Consult a probate attorney if the personal representative disputes your claim or if estate assets are limited.