Detailed Answer
Under Massachusetts law, you can seek reimbursement from the decedent’s estate for funeral expenses you paid as an administrative expense of estate administration. The Massachusetts Uniform Probate Code defines and prioritizes funeral expenses under M.G.L. c.190B §3-803.
Who Qualifies for Funeral Expense Reimbursement?
Massachusetts law allows a person who actually paid for the decedent’s funeral or burial to file a claim. Typically, this includes the next of kin, funeral director, or any individual who advanced funds for necessary funeral services.
Statutory Cap and Priority
The statute authorizes a “reasonable funeral expense actually incurred” up to the statutory cap (currently set by the Probate and Family Court; see M.G.L. c.190B §3-803(1)(c)). Funeral expenses receive priority over most unsecured claims but follow certain administration costs like court filing fees.
How to File Your Claim
- Present your bill and receipts to the personal representative of the estate.
- If the personal representative does not pay, file a formal claim in the Probate and Family Court in the county where the estate is administered.
- Attach copies of invoices, receipts, and proof of payment with your petition.
Deadlines and Claim Limits
Under M.G.L. c.190B §3-804, you generally must present administrative claims within three months after the first publication of notice to creditors. Late claims may be barred unless the court excuses the delay for good cause.
Disclaimer: This article provides general information about Massachusetts law and does not constitute legal advice. Consult a qualified attorney for advice regarding your situation.
Helpful Hints
- Gather all invoices and receipts for funeral services before filing.
- Verify that you meet the criteria of an eligible claimant under the statute.
- Submit your claim as soon as possible to avoid missing the statutory deadline.
- Communicate early with the personal representative to resolve reimbursement informally.
- Consider consulting a probate attorney if you encounter resistance or complexity.