Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
Priority Status under New Hampshire Law
In New Hampshire, funeral expenses and expenses of last illness have priority over most other claims against a decedent’s estate. RSA 556:19 establishes that these costs must be paid first before other creditors receive distributions. For the full statute text, see RSA 556:19.
Who May File a Reimbursement Claim
Any person who pays for a decedent’s funeral or last illness—such as a family member, friend, or funeral home—can file a claim against the estate. You must present proper documentation, including invoices or receipts, to the estate’s executor or personal representative.
How to Submit Your Claim
1. Identify the estate’s personal representative (executor or administrator).
2. Prepare a written demand showing the amount paid, date of payment, and attach the invoice.
3. Submit the demand within 18 months after the date of the decedent’s death, as required by RSA 556:19.
4. Send the claim by certified mail or another trackable method and keep proof of delivery.
5. Follow up in writing if you don’t receive a response within a reasonable time.
What Happens if the Estate Lacks Sufficient Funds
If the estate does not have enough assets to cover all preferred claims, your funeral expense claim will be paid on a pro rata basis along with other preferred claims. Any remaining assets after paying all preferred claims go to other creditors or beneficiaries.
Helpful Hints
- Keep original receipts and itemized invoices for all funeral-related expenses.
- Submit your claim well before the 18-month deadline under RSA 556:19.
- Send your documents via certified mail or with a tracking number.
- If you can’t locate the personal representative, you may petition the Probate Court for assistance.
- Contact the New Hampshire Probate Court clerk for filing procedures and forms.