Detailed Answer
In South Carolina, a person who pays a decedent’s funeral expenses may seek reimbursement from the estate as an administrative expense. Under SC Code § 62-3-100, funeral expenses up to $8,000 receive priority over most creditor claims and must be paid before distributions to heirs. You must present your claim and supporting receipts to the personal representative promptly. If the personal representative refuses or delays payment, you can petition the probate court for allowance of your funeral expense claim.
Key steps under South Carolina law:
- Identify priority: SC Code § 62-3-100 grants funeral expenses priority status and caps reimbursement at $8,000. (Read statute.)
- Submit your claim: Provide itemized receipts and a written request to the personal representative as soon as possible.
- File a petition if needed: If the estate refuses payment, file a petition for allowance of claim in the probate court where the estate is administered.
- Be mindful of deadlines: While administrative expenses typically are paid before creditors, you should act promptly—ideally within eight months of the first notice to creditors—to avoid procedural obstacles. (SC Code § 62-3-803.)
Helpful Hints
- Save all original funeral invoices, contracts, and receipts.
- Send your claim via certified mail to the personal representative.
- Track the estate’s notices to creditors in the state’s probate court.
- If the estate lacks sufficient assets, consult a probate attorney about potential alternatives.
- Keep copies of all correspondence and pleadings in case you must petition the court.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Please consult a licensed attorney to discuss your specific situation.