Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
Under Nevada law, a person who pays for the funeral and burial of a decedent may seek reimbursement from the decedent’s estate as an administrative expense. Nevada Revised Statutes (NRS) prioritize certain debts, and funeral expenses receive high priority.
Priority of Funeral Expenses: NRS 147.120(1)(a) grants funeral and burial expenses “first priority” up to $5,000. You can view the statute here: NRS 147.120. If your expenses exceed $5,000, the estate may or may not have sufficient assets to cover the excess.
Who May File: Typically, the funeral home is a creditor. However, if a family member or friend pays the bill directly, that person is entitled to file a claim as a creditor under NRS 147.100 and 147.120.
How to File a Claim:
- Obtain a copy of the probate case file or contact the personal representative (executor or administrator).
- Prepare a written claim describing the funeral services, date of death, amount paid and attach itemized receipts.
- File the claim with the clerk of the court handling probate in the county where the estate is open.
- Serve a copy of the claim on the personal representative within the deadline provided in the probate notice (typically 3 months after first publication; see NRS 147.045).
If the personal representative objects, the court will decide whether the claim is reasonable and allowable. Once approved, it will be paid before general unsecured creditors.
Insufficient Assets: If the estate lacks funds, you may only receive partial reimbursement up to the $5,000 cap for funeral expenses. Any unpaid balance remains unsecured.
Helpful Hints
- Keep all original invoices, contracts and receipts.
- Act promptly: missing the claim-filing deadline can forfeit your right to reimbursement.
- Identify the personal representative’s contact information early in the probate process.
- Consult probate court rules for your county to confirm filing procedures.
- Consider seeking advice from a probate attorney if the estate assets are contested or insufficient.