Detailed Answer
Under Maryland law, individuals who pay for a decedent’s funeral can seek reimbursement from the decedent’s estate as an expense of administration. Maryland Code, Estates & Trusts § 7-402 grants funeral expenses priority status over most other claims. To file a claim, submit a written statement of charges and proof of payment (invoices, receipts) to the personal representative.
For example, if Jane Doe paid $5,000 for her brother’s funeral, she may present a funeral expense claim to the estate’s personal representative. The representative must review and, if reasonable, pay the funeral expense before distributing assets to heirs or beneficiaries.
If the personal representative disputes the amount or refuses payment, you may petition the Register of Wills or Orphans’ Court for allowance of the claim and a determination of reasonableness. Include invoices, contracts with the funeral home, and any correspondence.
When no personal representative is appointed, you may ask the Register of Wills to appoint one or request that the court allow your claim directly. The court will assess whether the expense is reasonable under the circumstances.
Helpful Hints
- Keep detailed receipts, invoices, and contracts for all funeral services.
- File your claim promptly—Maryland allows creditors to present claims within six months after appointment of the personal representative.
- Send your claim via certified mail or another trackable method to establish proof of delivery.
- Communicate in writing and retain copies of all correspondence with the personal representative or court.
- Consult the Register of Wills website for local filing procedures and forms.
Disclaimer: This article provides general information and is not legal advice. Consult an attorney for guidance specific to your situation.