Can I include the cost of a headstone as a reimbursable estate expense? - Florida
The Short Answer
Yes—under Florida probate law, a headstone (grave marker) can often be treated as a reimbursable estate expense, as long as it is a reasonable grave marker expense and the total amount paid for qualifying funeral/interment/marker costs stays within the statutory cap.
However, whether the estate can reimburse you (and in what amount) depends on how the expense is categorized, who paid it, and whether the estate has enough assets to pay higher-priority items first.
What Florida Law Says
Florida sets a priority system for what gets paid from estate assets. Funeral-related costs are given high priority, but they are also capped and must be “reasonable.” Importantly, the statute expressly includes grave marker expenses—this is the category a headstone typically falls under.
The Statute
The primary law governing this issue is Fla. Stat. § 733.707.
This statute establishes that the personal representative pays estate obligations in a set order, and it treats reasonable funeral, interment, and grave marker expenses (even if paid by someone other than the personal representative) as a priority item—but not to exceed an aggregate of $6,000.
Why You Should Speak with an Attorney
Even though the statute sounds straightforward, headstone reimbursement disputes are common because families often disagree about what is “reasonable,” what counts toward the cap, and whether the estate is solvent enough to pay it.
- Strict statutory limits: Florida caps “reasonable funeral, interment, and grave marker expenses” at $6,000 in the aggregate under Fla. Stat. § 733.707(1)(b). If the headstone pushes the total over the cap, reimbursement may be limited or denied.
- Burden of proof and documentation: If a beneficiary or creditor objects, the personal representative may need to justify that the headstone cost was a proper estate payment and “reasonable” for the circumstances—poor records can create personal liability risk.
- Priority and insolvency issues: If the estate is short on cash, the personal representative must follow the statutory order of payment. Paying the “wrong” thing at the “wrong” time can trigger objections, surcharge claims, or litigation.
Because these payments can affect beneficiaries’ shares and creditor rights, it’s smart to get Florida probate counsel involved before the estate reimburses anyone for a headstone or related burial costs.
If you want more context on related executor responsibilities, you may also find these helpful: paying probate attorney fees from estate funds and getting an estate EIN.
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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.