Recovering Funeral Expenses and Pre-Administration Costs in Maryland — FAQ
Short answer
Yes — in Maryland a person who pays a decedent’s funeral or other reasonable expenses before the estate is settled can generally seek reimbursement from the estate. To get paid you must preserve proof (bills, receipts, contracts), present your claim to the personal representative (executor/administrator), and, if necessary, ask the probate court to allow the expense as a proper charge against the estate. Acting quickly and following Maryland probate procedures increases your chances of reimbursement.
Detailed answer — how reimbursement works in Maryland
When someone dies, debts and expenses of administration (including reasonable funeral expenses) are normally paid out of the decedent’s estate before distributing assets to heirs. The person who pays these costs — a funeral home, a family member, or another third party — becomes a claimant against the estate. The usual steps and rules are:
- Keep documentation. Save contracts, itemized invoices, receipts for payments, and any authorization forms (e.g., funeral home contract or burial permit). Detailed documentation is the single most important thing that will help you get reimbursed.
- Notify and present your claim to the personal representative (PR). The PR is the person appointed by the probate court to administer the estate. Present your written claim with supporting documents to the PR. Often funeral homes will submit and pursue their own bills automatically.
- Priority and classification of the expense. Funeral bills and reasonable burial expenses are generally treated as allowable estate charges or claims of the estate. That means they are paid out of estate assets before distributions to heirs. If estate assets are limited, the PR pays prioritized administrative expenses first and may prorate or deny unsecured claims if assets are insufficient.
- Time limits and creditor claims. Maryland probate practice requires creditors and claimants to present their claims within the timeframes set by probate procedure and any published creditor notice. Present your claim as soon as possible. If the PR rejects a claim, you can file a formal claim in the probate court or ask the court to allow the expense. Because deadlines and procedures vary, confirm the correct deadline with the local probate court or an attorney.
- If the PR refuses to pay. You may file a petition in the probate court asking the court to allow the expense as an administration cost and order payment from estate assets. The court will consider reasonableness of the expense, the available estate assets, and priority among other creditors.
- Special rules when you paid from the decedent’s account or with joint funds. If you used the decedent’s bank account, or funds were jointly owned, reimbursement rights can be affected. Do not spend estate assets after death except as authorized by the PR or the court. If you spent personal funds to cover pre-administration costs, you will usually be treated as a creditor with a claim for reimbursement.
- When the funeral home claims a lien. Funeral homes often have statutory or common-law rights to be paid from the estate or from the decedent’s remains and personal property. If the funeral home retains property or asserts a lien, it typically files a claim with the PR or files a petition in probate court to enforce payment.
For general information about Maryland probate procedures and how to present claims to an estate, see the Maryland Judiciary’s probate resources: https://www.mdcourts.gov/legalhelp/estate. For full text of Maryland statutes governing estates and administration, use the Maryland General Assembly site and look under the Estates & Trusts article: https://mgaleg.maryland.gov.
Practical steps you should take now
- Collect and keep all bills, receipts, contracts, and communications about the funeral and other payments.
- Identify the personal representative and give them a written copy of your claim and supporting documents.
- Ask the PR in writing whether they will pay the expense from estate funds.
- If the PR refuses or does not respond, contact the probate court clerk to find out claim deadlines and filing steps.
- Consider talking to a probate attorney if the claim is large, if multiple creditors compete for limited estate assets, or if the PR is not acting properly.
Common questions
Q: Will I always be reimbursed?
No. Reimbursement depends on available estate assets, whether the expense is reasonable, whether you followed the claims process, and your priority compared to other creditors. If estate assets are insufficient, some claims may be reduced or denied.
Q: How do courts decide if a funeral expense is “reasonable”?
Courts look at customary costs in the area, the services and goods actually provided, any pre-arranged agreements, and whether the chosen funeral arrangements were necessary or extravagant given the estate’s size. Keep itemized invoices and explain any decisions that affected cost.
Q: What if I paid using the decedent’s credit card or bank account before probate opened?
Payments from the decedent’s accounts after death raise different legal issues. Such transfers may be treated as estate assets or require accounting. Talk to the PR or a probate attorney before spending or transferring estate funds.
Helpful hints
- Document everything: itemized bills, receipts, contracts, authorization signatures, and insurance or veterans’ burial benefits paperwork.
- Communicate in writing with the personal representative and keep copies of all correspondence.
- Ask funeral homes whether they will delay major outlays until probate is opened or whether they will accept partial payment.
- Look into pensions, life insurance, or veterans’ burial benefits that may directly pay funeral costs and reduce what the estate must cover.
- If the estate seems insolvent, get legal advice early. A lawyer can advise on priorities, how to present claims, and whether to petition the court for payment.
- Check the probate court’s local rules or speak with the clerk about how to file a formal claim if the personal representative will not pay.
Where to get more information in Maryland
Maryland Judiciary — Probate & Estate information: https://www.mdcourts.gov/legalhelp/estate
Maryland General Assembly — search statutes (Estates & Trusts): https://mgaleg.maryland.gov
If you need personalized advice, contact a Maryland probate attorney or your local probate court clerk’s office.