Detailed Answer
If you paid funeral or burial expenses for a Montana decedent, you may recover those costs from the decedent’s estate. Montana law treats funeral and last sickness expenses as a priority claim against the estate. To pursue reimbursement, follow these key steps.
1. Identify the Personal Representative
Once someone petitions the court to administer the estate, the court issues Letters Testamentary or Letters of Administration to a personal representative (also called an executor or administrator).
2. File a Claim for Funeral Expenses
Submit a written claim to the personal representative. Under Montana Code Annotated (MCA) § 72-3-501, you qualify as a creditor when you pay funeral or burial costs. Include:
- Itemized invoices or receipts from the funeral home.
- Proof of payment (canceled checks, credit card statements).
- Your contact information.
3. Respect the Claims Deadline
Under MCA § 72-3-501, creditors must present claims within four months after the date the first notice to creditors appears in the local paper. Late claims may not receive payment.
4. Understand Claim Priority
Montana law sets a strict payment order in MCA § 72-3-715. The estate must pay:
- Costs of administration (court fees, attorney fees).
- Funeral and last sickness expenses.
- Secured debts and other unsecured creditors.
Your funeral claim ranks immediately after administrative costs. The estate must pay you before it distributes assets to heirs or other creditors.
5. What If the Estate Lacks Assets?
If the estate holds insufficient funds, you may receive only a partial payment or nothing at all. If no one opens a probate estate, recover through the limited pre-administration remedy under MCA § 72-3-120, which lets a funeral director or other person with custody of the body petition the court for a release of specific funds or property to cover expenses.
Disclaimer: This article provides general information about Montana probate law. It does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Helpful Hints
- File your claim early. Monitor the newspaper for the estate’s creditor notice.
- Keep all invoices and receipts organized and legible.
- Confirm the personal representative’s contact details with the probate clerk.
- Follow up in writing if you don’t hear back within 30 days.
- Consider professional assistance if the estate has many creditors or complex assets.