Can you recover funeral expenses and other costs you paid before an estate is settled?

Short answer: Often yes — but recovery depends on whether an estate has enough assets, whether you file a proper claim with the personal representative (or the probate court), the type of costs you paid, and whether you meet Maine’s procedural deadlines. This article explains how reimbursement typically works in Maine, what steps to take, and when to consider going to court or getting legal help.

Detailed answer — how reimbursement works under Maine law

When someone dies, their estate must pay certain expenses before distributing assets to heirs and other creditors. Expenses related to administration and the decedent’s funeral are commonly allowed as claims against the estate. In Maine, those types of claims are handled through the probate process (the court-supervised administration of the decedent’s affairs). For general information about Maine probate and estate law, see the Maine statutes and the Maine Judicial Branch probate pages:

• Maine Revised Statutes (Legislature of Maine)
• Maine Judicial Branch — Probate

Key points you need to know:

1. What counts as a recoverable expense

Common recoverable expenses include reasonable funeral and burial costs, expenses of estate administration (executor fees, attorney fees, appraisal costs), and other necessary costs paid to preserve estate assets. Keep all receipts and documentation. The personal representative or the probate court will evaluate whether expenses were reasonable and necessary before authorizing payment from estate funds.

2. Who pays first — priority of claims

Probate practice generally gives priority to administrative expenses (including funeral costs) over many unsecured creditor claims and distributions to beneficiaries. That means funeral and administration expenses are often paid before distributing inheritances. If the estate lacks sufficient assets, priority rules determine who gets paid and how much.

3. What to do if you paid the costs yourself

1. Identify the estate’s personal representative (executor or administrator). If none has been appointed, you may ask the probate court to open an estate and appoint one.
2. Provide the personal representative with a written itemized claim and attach original receipts or invoices. Explain whether you paid as a funeral provider, family member, or creditor.
3. If the personal representative refuses or ignores your claim, file a formal creditor’s claim with the probate court or petition the court for allowance of the claim.

4. Timing and deadlines

Maine law requires claimants to follow probate procedures and deadlines for filing creditor claims. If you expect to be paid from the estate, file your claim promptly after learning of the death and after an estate is opened. If the probate court issues formal notice to creditors, watch the deadlines in that notice carefully — missing the statutory deadline can limit recovery. If you are unsure of deadlines, contact the probate clerk or seek legal advice quickly.

5. Recovery options if the estate lacks funds

If the estate has insufficient assets to cover all claims, you may not recover the full amount. Possible options include:

• Claiming priority payment as an administrative/funeral expense (if allowed).
• Pursuing payment from those who are personally responsible (for example, if someone promised to pay and didn’t; or in rare circumstances, civil claims for unjust enrichment against a person who received estate property).
• Exploring small-estate procedures if the estate is small and Maine’s rules allow simplified recovery without full probate administration.

6. If you are the funeral provider

Funeral homes and other providers typically file a trade creditor’s claim against the estate for unpaid charges. If your services were pre-arranged or contracted, keep the contract and invoices. A funeral provider may also have a lien right or other remedies under contract or state law — check the provider’s rights and follow probate claim procedures.

7. What the probate court can do

If the personal representative refuses to pay a legitimate claim, you can petition the probate court to allow the claim and order payment from the estate. The court resolves disputes about whether the expense was reasonable and whether it has priority. The court also supervises distribution when assets are limited.

Practical steps to maximize your chance of recovery

1. Document everything: keep invoices, receipts, contracts, and communications about the payment.
2. Contact the personal representative quickly. Put your claim in writing and ask for written confirmation of receipt.
3. Confirm whether an estate has been opened with the probate court and whether creditors’ notice has been issued.
4. File a formal creditor’s claim with the probate court if the personal representative does not resolve your claim.
5. If the claim is disputed or the estate is insolvent, consult an attorney experienced in Maine probate law about filing a petition with the court.

Helpful hints

• Keep original receipts and an itemized list of all funeral and related expenses.
• Ask for written confirmation of any agreements (who will pay and how).
• Act fast — probate deadlines matter. If you wait too long, the court may refuse late claims.
• If you are the personal representative, read the Maine probate rules about notice, claims, and priority so you pay lawful expenses first.
• If the estate is small, ask the probate court clerk whether a simplified or summary administration option applies.
• When in doubt about deadlines or disputed claims, consider speaking with an attorney who handles Maine probate cases.

Where to get official information and forms

• Maine Legislature — statutes and searchable laws: https://legislature.maine.gov/statutes/
• Maine Judicial Branch — probate information and local probate court contacts: https://www.courts.maine.gov/maine_courts/probate/

Disclaimer: This article provides general information about Maine probate practices and is not legal advice. It does not create an attorney-client relationship. For advice about recovering funeral expenses or filing claims in a specific Maine probate matter, consult a licensed Maine attorney or contact the probate court clerk where the estate is (or would be) opened.