Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.
Detailed Answer
Under South Dakota law, reasonable funeral expenses paid on behalf of a decedent are treated as a priority claim against the estate. When someone pays for the funeral, they may seek reimbursement from estate assets before distributions to heirs or beneficiaries.
Priority Status of Funeral Expenses
South Dakota Codified Laws designate funeral expenses as a high-priority claim. Specifically, SDCL 29A-3-805 states that “reasonable funeral expenses of the decedent” have priority over all claims except for the personal representative’s costs of administration and any approved family allowance. Learn more: SDCL 29A-3-805.
Filing a Claim Against the Estate
1. Identify the Personal Representative. The personal representative (also called executor or administrator) has authority to pay estate claims. Contact them or the probate court to learn who serves in that role.
2. Gather Documentation. Obtain itemized invoices, receipts, and proof of payment from the funeral home or cemetery. These documents establish the reasonableness and necessity of your expenses.
3. File Within the Creditors’ Deadline. Creditors, including funeral claimants, generally must present claims within four months after the first publication of the notice to creditors. See SDCL 29A-3-803 for timing rules.
4. Submit Your Claim. File a written claim with the clerk of the circuit court handling the probate. Include your name, contact information, the amount claimed, and supporting documents.
If the Estate Lacks Funds
If the estate’s assets prove insufficient to satisfy all priority claims, funeral expenses are paid on a pro rata basis along with other allowed expenses. You cannot pursue surviving heirs personally for unpaid funeral claims unless you obtain a court order finding mismanagement by the personal representative.
Small Estate Consideration
For small estates with less than $100,000 in personal property (excluding real estate), South Dakota’s affidavit procedure (SDCL 29A-3-111) may allow direct reimbursement without formal administration. See: SDCL 29A-3-111.
Helpful Hints
- Keep all original receipts and an itemized funeral invoice.
- Contact the personal representative early to learn the estate’s asset status.
- File your claim before the four-month deadline to avoid forfeiture.
- Consider mediation if the personal representative disputes your claim.
- Explore the small estate affidavit process if no formal probate is underway.