Disclaimer: This article is for informational purposes and does not constitute legal advice.
Detailed Answer
Under Missouri law, funeral expenses hold priority status in probate. Mo. Rev. Stat. § 473.446 grants a preferred claim for funeral and burial costs up to $6,000 when you timely file a proof of claim. Mo. Rev. Stat. § 473.446
If you paid the funeral bill for the decedent, you act as a creditor of the estate. To seek reimbursement:
- File a proof of claim with the probate court handling the estate.
- Submit it within four months after the court issues letters of administration or testamentary.
- Attach an itemized funeral bill and a certified copy of the death certificate.
The personal representative must review valid claims and pay prioritized debts before distributing assets to other creditors or beneficiaries. Funeral expense claims rank below administrative expenses (court costs and attorney fees) but above general unsecured claims.
If the estate’s assets prove insufficient to satisfy all claims, you may recover up to the statutory limit only. Any remaining assets distribute according to the will’s terms or Missouri’s intestacy laws.
Helpful Hints
- Gather Documentation: Keep all invoices, receipts, and the death certificate together.
- Know Your Deadline: Proofs of claim generally must be filed within four months of letters issuance.
- Follow the Probate Process: The executor manages all claims and asset distributions under Mo. Rev. Stat. § 473.413.
- Understand the Cap: Missouri caps funeral claims at $6,000 per § 473.446.
- Consider Legal Advice: If the estate is complex or contested, consult a probate attorney.