Recovering funeral and pre‑settlement expenses from a Massachusetts estate

Short summary: If you paid costs for a deceased person before the estate was opened, you may be able to recover those expenses from the estate. In Massachusetts those payments are generally treated as claims against the estate and can have priority as administration expenses, but recovery depends on estate assets, the personal representative’s actions, and timing. This article explains how the process commonly works and what steps you should take.

Detailed answer — how recovery works in Massachusetts

When someone dies, bills that were paid on behalf of the decedent before a personal representative (executor/administrator) is appointed are usually handled as claims against the estate. In Massachusetts, the Probate Code governs administration of an estate and the handling and priority of claims. See Massachusetts General Laws, Chapter 190B (Probate Code): Chapter 190B.

Key points you should understand:

• Who pays first: The personal representative (PR) is responsible for collecting estate assets, paying administration costs, paying valid claims, and distributing what remains to heirs. If you paid funeral or other necessary expenses, you typically present a claim to the PR for reimbursement.
• Priority of funeral and administration expenses: Reasonable funeral costs and other expenses of administration are commonly treated as priority claims against the estate. That means they are paid before many general creditor claims, subject to available estate funds and applicable rules in Chapter 190B.
• Proof required: Keep invoices and receipts for funeral bills, ambulance or last‑illness medical bills, burial plots, and any other costs you paid. The PR or the Probate Court will want documentation showing the expense was reasonable and actually paid on behalf of the decedent.
• Timing and filing a claim: If a PR is appointed, present your claim to that person promptly, in writing, with receipts. If the PR refuses or delays, you may have to file a claim in Probate Court. Probate rules and deadlines for presenting claims are set out in Chapter 190B and probate procedure — contact the Probate and Family Court or consult an attorney about deadlines and the required forms. Massachusetts Probate and Family Court information: Massachusetts Probate & Family Court.
• Insufficient estate assets: If estate assets are insufficient to pay all priority claims, distributions depend on statutory priorities and available funds. Priority does not guarantee full recovery if the estate lacks money or sellable assets.
• Payments by heirs or others: If a person who is an heir or beneficiary personally paid funeral costs, that person can usually present the claim and may be reimbursed from estate funds before distributions—but the estate must have funds and the PR must follow the law and the court’s orders.

Typical steps to recover what you paid

1. Save all receipts, itemized bills, contracts, and proof of payment (checks, statements, credit‑card records).
2. Find out whether a personal representative has been appointed. If so, present your claim to the PR in writing, attaching documentation.
3. If no PR is yet appointed, ask the probate court how to present a claim once an estate is opened. Keep copies of what you paid and any communications you make.
4. If the PR denies or ignores your claim, you can file a claim or a petition with the Probate Court asking the court to allow the claim. The court can decide whether the expense is reasonable and whether it should be paid from estate assets.
5. If the estate has little or no money, you may not get full reimbursement. The court orders and statutory priority rules control distribution when amounts are insufficient.

Hypothetical example

Jane pays $4,000 to a funeral home for her sibling’s burial two weeks after the death. No personal representative has been appointed yet. Jane keeps the invoice and payment receipts. When a PR is appointed, Jane submits a written claim with the bill and receipt. The PR reviews the claim and pays it from estate funds because funeral expenses are considered an administration expense with priority under probate law. If the PR disputes the reasonableness of the bill, Jane may file a claim in Probate Court to have the court decide.

Statutes and practical resources

Massachusetts Probate Code (Chapter 190B) contains the rules governing estate administration, allowed claims, and priorities. Start here: Mass. Gen. Laws Chapter 190B (Probate Code). For court contacts, filing requirements, and local procedures, see the Probate & Family Court: https://www.mass.gov/orgs/probate-and-family-court.

If you need forms or local practice guidance, the Probate & Family Court pages include contact information and links to court forms. If the estate is likely to have limited assets, ask the court clerk or an attorney about the best way to present your claim.

Helpful Hints

• Document everything: save itemized invoices, receipts, bank or card statements, and any contracts. Photocopies are fine, but keep originals if possible.
• Present your claim early: once a PR is appointed, present a written claim promptly. Don’t assume you’ll automatically be reimbursed without documentation.
• Ask for a written response: when you submit the claim, request a written acknowledgment from the PR and a timeline for review.
• Know prioritized expenses: funeral costs and other reasonable administration expenses often get priority over general unsecured creditors. But priority does not guarantee payment if the estate lacks funds.
• Communicate respectfully with the PR: a cooperative approach often gets quicker results. If the PR refuses without a valid reason, you can file a formal claim or petition with the Probate Court.
• Check for insurance or pre‑paid arrangements: life insurance payable to a named beneficiary or a pre‑paid funeral contract may pay separate from the estate.
• If you paid for someone else’s final medical care, separate rules may apply for last‑illness medical bills; keep those receipts too.
• Consider limited legal help: for a small claim, a brief consultation with a probate attorney can clarify procedure and deadlines. If the estate is complex or the claim is large, consider retained counsel.

Disclaimer: This content is educational and explanatory only. It does not constitute legal advice, and no attorney‑client relationship is created. For advice about a specific situation, contact a Massachusetts probate attorney or the Probate & Family Court.