Detailed Answer
Under Maine law, funeral expenses paid on behalf of a decedent qualify as allowable expenses of administration and receive priority over most other debts. Title 18-C of the Maine Probate Code governs this process:
- Statutory Priority: Funeral expenses fall under “expenses of administration” and have first priority in distribution. (See 18-C M.R.S. § 303(1)(A).)
- Payment Limits: A personal representative may pay reasonable funeral costs without court approval. (See 18-C M.R.S. § 302(A–B.)
- Filing a Claim: If you paid the bill yourself, present your claim to the personal representative. If the representative disputes your claim or fails to act, you must file a formal claim in probate court within nine months after the representative’s appointment or publication of notice to creditors. (See 18-C M.R.S. § 3-803(A).
To seek reimbursement:
- Gather documentation: invoice from the funeral home, proof of payment (receipts or canceled checks), and the death certificate.
- Submit a written claim to the personal representative, clearly itemizing the funeral expenses.
- If the claim is denied or ignored, file a creditor’s claim in the probate court handling the estate, following local filing procedures and deadlines.
- Attend any required hearings and provide any additional evidence to support your claim.
If the estate lacks sufficient assets to cover all debts, funeral expenses remain among the highest-priority debts. You may recover up to the full amount of reasonable funeral expenses, regardless of the estate’s size.
Disclaimer: This article provides general information about Maine law and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Helpful Hints
- Act quickly: Maine’s nine-month deadline to file claims is strict.
- Keep detailed records: invoices, receipts, and correspondence help prove your expense.
- Communicate in writing: send claims by certified mail to create a clear record.
- Understand “reasonable” costs: charges must align with local funeral service standards.
- Consider limited legal assistance: a probate attorney can advise on complex estates.