Disclaimer: This information is for educational purposes and does not constitute legal advice. Consult a licensed attorney in Tennessee for guidance tailored to your situation.
Detailed Answer
Under Tennessee law, individuals who pay for a decedent’s funeral may seek reimbursement from the estate as a priority claim in probate. The Tennessee Probate Code assigns funeral expenses a high payment priority, directly after administrative costs. Key provisions include:
- Priority of Funeral Expenses: Tennessee Code Annotated § 30-2-306(c)(1) grants funeral expenses “actually and necessarily incurred” priority status over most unsecured claims. T.C.A. § 30-2-306.
- Filing a Claim: To recover funeral costs, submit a written proof of claim to the personal representative or executor. Include an itemized statement from the funeral home, receipts for services or merchandise, and your contact information.
- Deadline: Creditors, including those seeking funeral reimbursement, must file within 90 days after the date the personal representative mails notice to creditors or after publication of notice. See T.C.A. § 30-2-308.
- Approval and Payment: The personal representative reviews timely claims. If approved, the funeral expense is paid from estate assets before general creditors and beneficiaries receive distributions.
- Insufficient Assets: If estate funds are inadequate, the personal representative may prioritize funeral expense claims proportionally with other priority claims, as outlined in T.C.A. § 30-2-310.
If the personal representative wrongfully denies your claim, you may file a petition in the probate court to compel payment. Acting promptly ensures you meet deadlines and protect your rights under Tennessee’s probate rules.
Helpful Hints
- Keep all original invoices and receipts from the funeral home.
- Obtain a certified statement of account for each service item.
- Note the date you receive notice of probate; this starts your 90-day filing period.
- Send claims by certified mail to document the filing date.
- Track estate assets; confirm the personal representative’s appointment.
- Consider consulting a probate attorney if the claim is disputed or estate funds are limited.