Detailed answer — What you can recover and how it works in Montana

When you pay funeral bills or other costs for a deceased person before the estate is opened, you may be able to recover those amounts from the estate. In Montana, those payments are generally treated either as:

• an expense of administration or a preferred claim against the estate, or
• a general creditor claim if the payment is not classified as an administrative expense.

Practical steps and principles:

1. Tell the personal representative (executor or administrator) and present your claim

As soon as an estate opens, the personal representative (PR) or executor is responsible for identifying and paying valid claims. To be reimbursed, you should promptly present your invoice and proof of payment to the PR and ask them to pay you from estate funds. Keep originals and give the PR copies of the funeral bill, receipts, cancelled checks or credit-card statements, and any contract with the funeral home.

2. Administrative (priority) vs. general creditor claims

Many jurisdictions treat funeral and burial expenses as allowable administration expenses that get priority over unsecured creditor claims and distributions to heirs. If classified as an administration expense, the funeral bill is paid out of estate assets before beneficiaries receive distributions. If the payment does not qualify as an administration expense (for example, if you paid a discretionary expense not reasonably needed to administer the estate), you may be an unsecured creditor and get paid only if funds remain after priority claims are satisfied.

3. Documentation the estate will want

Provide the PR with:

• an itemized funeral bill;
• proof you paid (receipts, cancelled checks, credit-card statements);
• your relationship to the decedent and any agreement to pay;
• any written funeral contract or assignment.

4. If the PR refuses to pay or disputes the claim

If the PR disputes your claim or refuses to pay, you can file a written claim in the probate case and ask the probate court to allow it. The probate court resolves disputed claims and determines priority. The state court’s probate rules and Montana law control how and when claims must be filed and litigated. For general information on Montana probate procedures, see the Montana Judicial Branch probate self-help pages: https://courts.mt.gov/selfhelp/probate.

5. What if the estate has no money?

If the estate lacks sufficient assets to pay allowed claims, you might not be fully reimbursed. If you are a close relative who paid necessary funeral expenses, you may have an argument that the costs should be given priority, but where assets are insufficient creditors with higher statutory priority (such as secured creditors or certain taxes) may be paid first. If you personally agreed with a beneficiary or an heir to pay funeral costs, you may be able to seek reimbursement from that person outside probate as a separate contract claim.

6. Small-estate procedures and immediate reimbursement

Montana provides summary procedures for small estates. If the estate qualifies, those streamlined procedures may allow earlier distribution to heirs and payment of funeral expenses without full formal probate. Check the Montana statutes or the probate court for small-estate rules and thresholds. The Montana Code and court forms explain small-estate steps; the Montana Legislative site lists the probate statutes: https://leg.mt.gov/bills/mca/.

7. Funeral-home liens and assignments

Funeral homes sometimes assert a lien against the decedent’s remains, estate, or life-insurance proceeds for unpaid bills. If you paid the funeral home and they assigned a claim to you (or if the funeral home has a statutory lien), that can affect how recovery proceeds. Ask for any assignment or lien paperwork and provide it to the PR.

8. Time limits and deadlines

Probate law imposes deadlines for presenting claims against an estate. These deadlines vary depending on how and when notice to creditors is published or mailed. Because deadlines can be short and because waiting may risk losing your reimbursement right, present your claim promptly and consult the probate court or an attorney for the specific deadline that applies in your case.

When to consult an attorney

If the personal representative refuses reimbursement, the estate disputes the amount, or the estate is insolvent, talk with a Montana probate attorney. An attorney can advise on whether the funeral expense qualifies as an administration expense, whether you have a priority claim, and how to file and litigate a claim in probate court.

Useful official resources:

• Montana Code Annotated (search probate-related provisions): https://leg.mt.gov/bills/mca/
• Montana Judicial Branch — probate self-help: https://courts.mt.gov/selfhelp/probate

Note: This summary explains how recovery commonly works in Montana but does not list every statute number or all exceptions. Probate rules and priority categories can be technical, and outcomes depend on the estate facts.

Helpful Hints

• Present your claim in writing to the personal representative immediately after learning that probate has opened.
• Keep copies of all receipts, invoices, contracts, and proof of payment. The more complete your documentation, the easier it is to get paid.
• Ask the funeral home for any lien, assignment, or contract language that affects who gets paid from the estate.
• If you paid as a family member under an oral promise from an heir, try to get the promise in writing before the estate distributes assets.
• If the estate appears insolvent, ask the PR for an accounting of estate assets and claims so you understand your position in the priority list.
• Use Montana’s small-estate process if the estate qualifies — it can speed reimbursement and distribution.
• When in doubt, consult a Montana probate attorney quickly. Probate deadlines can be strict, and missing them can forfeit your right to recover.