Disclaimer: This article provides general information only and does not constitute legal advice.
Detailed Answer
Arkansas law treats funeral expenses as a priority claim against a decedent’s estate. This means the personal representative must pay reasonable funeral costs before most other debts. You can seek reimbursement for funeral bills you paid on behalf of the estate if you follow the proper procedures.
Priority of Funeral Expenses Under Arkansas Code § 28-39-202
Ark. Code Ann. § 28-39-202 requires the personal representative to pay out of the first available funds of the estate reasonable funeral expenses not exceeding $6,000, unless the decedent’s will specifies a different amount. See Ark. Code Ann. § 28-39-202.
Claim Process and Deadlines
To secure reimbursement, present your funeral expense claim in writing to the personal representative. Arkansas Code § 28-39-206 sets claim deadlines: submit within 90 days of the first publication of notice to creditors or within 120 days of appointment of the personal representative, whichever expires first. See Ark. Code Ann. § 28-39-206.
Small Estate Procedures
If the estate qualifies as a small estate (no real property and total personal property under $50,000), you may use the affidavit procedure under Ark. Code Ann. § 28-48-204. This streamlined process can speed up reimbursement. See Ark. Code Ann. § 28-48-204.
Helpful Hints
- Keep itemized receipts for all funeral services, caskets, burial plots, and related costs.
- Confirm the estate’s personal representative contact information early in probate.
- File your claim before the deadline to avoid forfeiture of reimbursement rights.
- Verify available estate assets before paying large expenses.
- Consider consulting an Arkansas probate attorney to guide you through court filings.