Detailed Answer
If you or a funeral provider paid a decedent’s funeral expenses in Pennsylvania, you may seek reimbursement from the decedent’s probate estate. Pennsylvania law grants funeral and burial expenses special priority. These expenses are paid before most other unsecured claims against the estate.
Who May File a Claim
Anyone who advances or pays reasonable funeral costs can file a claim, including immediate family, friends or the funeral home.
Statutory Priority and Cap
Under 20 Pa.C.S. § 3101, funeral expenses take priority and are capped at the lower of:
- $7,500;
- The actual funeral expenses you paid.
How to File
- Submit a written claim to the Register of Wills in the county where probate is pending.
- Attach itemized invoices or receipts showing the services and payments made.
- File the claim within six months after the personal representative receives letters (20 Pa.C.S. § 3102).
If the Personal Representative Denies Your Claim
If the executor or administrator refuses to pay, you can petition the Orphans’ Court in the appropriate county. The court reviews the reasonableness of expenses and can order payment.
Disclaimer
This information is provided for educational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific circumstances.
Helpful Hints
- Keep all original receipts, itemized bills and contracts.
- Note the exact date letters of administration or testamentary are granted to calculate the six-month deadline.
- Verify the current cap amount; statutes may change.
- Contact the Register of Wills office for county-specific filing requirements.
- If your claim is denied or disputed, consider consulting a probate attorney promptly.