Disclaimer: This article provides general information and does not constitute legal advice.
Detailed Answer
In North Dakota, if you pay funeral expenses for a decedent, you may seek reimbursement from the estate as a priority claim. North Dakota’s probate laws treat funeral bills as an expense of administration and grant them a preferred status over most other unsecured debts. This allows funeral providers or individuals who paid for burial services to recover costs before general creditors.
What Qualifies as a Funeral Expense?
A funeral expense includes reasonable costs for burial or cremation services, caskets, hearses, flowers, obituary notices and other customary funeral-related items. You must submit itemized invoices, receipts or contracts to support your claim.
Priority and Dollar Limit
Under N.D.C.C. § 30.1-19-05, funeral expenses have priority over general unsecured claims. The statute grants up to $6,000 in funeral and last illness expenses combined. See N.D.C.C. § 30.1-19-05.
Filing Deadlines
Your claim must conform to North Dakota’s deadlines. A funeral expense claim must be presented within three months after the first publication of the notice to creditors or within one year after the decedent’s death, whichever is earlier. See N.D.C.C. § 30.1-19-03.
Submitting Your Claim
- Identify the personal representative or executor appointed by the court.
- Prepare a written claim including an itemized list of services and receipts.
- Deliver or mail the claim to the estate’s personal representative.
- Retain copies for your records.
Helpful Hints
- Gather all funeral-related receipts and invoices before filing.
- Check the estate administration notice for specific deadlines.
- File your claim early to avoid disallowance.
- Keep proof of delivery (certified mail or courier receipt).
- Consult an estate attorney if the personal representative contests your claim.