Detailed Answer

When someone pays for a decedent’s funeral, burial, or other necessary expenses before the estate is formally administered, they may be able to get reimbursed from the estate. Under New Hampshire practice, those payments are typically treated as expenses of administration or as claims against the estate. To recover them, you must follow the probate process so the person in charge of the estate (the personal representative or administrator) can pay allowed expenses from estate funds.

Key points to understand:

• Who may seek reimbursement: A family member, funeral home, creditor who paid expenses, or anyone else who advanced necessary costs. If you are the appointed personal representative and you paid pre-administration costs, the estate can reimburse you when you account for administration expenses.
• How reimbursement usually works: The person who paid gathers documentation (receipts, invoices, a statement from the funeral home) and presents a written claim to the personal representative or files it with the probate court if there is no representative yet. The representative reviews and, if valid, pays the claim from estate assets as an administrative expense.
• Priority of payment: Funeral and reasonable burial expenses commonly receive priority as an expense of administration, meaning they are paid ahead of many unsecured creditors. But priority and exact treatment depend on the estate’s assets and liabilities.
• If there is no money in the estate: If the estate lacks sufficient assets (an insolvent estate), priority rules determine which claims are paid. In that case, funeral claims may be paid only to the extent funds exist or in the order specified by law.
• When an executor or administrator is not cooperating: If the appointed personal representative refuses to pay a legitimate claim, you can file a claim formally with the probate court and ask the court to order payment or to allow the claim as an administration expense.
• Small estate or summary procedures: New Hampshire offers simplified procedures for small estates or for collecting certain assets without full administration. These procedures can sometimes speed reimbursement or recovery of specific property, but they don’t automatically convert private payments into reimbursable claims unless the court or the personal representative allows them.

Practical navigation under New Hampshire law typically goes through the local probate court. The state’s Probate Division explains procedures for opening estates, filing claims, and appointing personal representatives; see the New Hampshire Judicial Branch Probate Division for forms and local instructions: https://www.courts.state.nh.us/probate/.

Because statutes and court procedures set deadlines and required forms, act promptly. Missing a deadline—or failing to present your claim correctly—can bar recovery. If you are unsure how to proceed, consider contacting the probate court clerk for guidance about filing a claim or petitioning for allowance of an expense.

Hypothetical illustration: Jane pays $6,000 to a funeral home for a sibling’s burial before the sibling’s will is probated. After probate opens, Jane gives the personal representative the funeral bills and receipts and asks for reimbursement. The personal representative reviews the documentation and pays Jane from estate cash. If the representative refuses, Jane files a creditor claim with the probate court and asks the court to allow the funeral expense as an administration expense and order payment out of estate assets.

Helpful Hints

• Keep original receipts, itemized invoices, and a written statement of why each expense was necessary.
• Identify and contact the appointed personal representative quickly. If none has been appointed, contact the probate court to learn how to open administration or file a claim.
• Submit your claim in writing. Include your name, contact information, the relationship to the decedent, a description of the expense, dates, and copies of all supporting documents.
• Ask the personal representative for a written response. If the representative denies the claim, request the reason in writing so you can present the issue to the court if needed.
• If you are the one appointed as personal representative and you paid expenses personally, keep accurate records and present them when you file your inventory and accounting; the court generally permits reimbursement for reasonable, necessary estate expenses.
• Check for small-estate or expedited collection procedures in New Hampshire that might let you recover limited assets without full administration; the probate court can explain local thresholds and forms: https://www.courts.state.nh.us/probate/.
• If the estate appears insolvent, get legal advice before pursuing a claim—your ability to recover may be limited by priority rules and available assets.
• When in doubt, consult a New Hampshire probate attorney to help file claims, request court allowance, or represent you if the estate refuses payment.