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If you paid funeral expenses for someone who passed away in New Jersey, you generally have the right to seek reimbursement from the decedent’s estate. New Jersey law treats reasonable funeral and burial costs as a priority claim against the estate. That means these expenses must be paid before most other unsecured debts.

Your Right to Reimbursement

Under New Jersey Statutes § 3B:15-2, “expenses of administration and funeral expenses” have first priority. This statute ensures that whoever covers reasonable funeral costs may file a claim and receive payment from estate assets before general creditors are paid. See N.J.S.A. 3B:15-2.

Steps to File Your Claim

1. Identify the Personal Representative. The Surrogate’s Court appoints an executor or administrator to handle estate affairs. If no one steps forward, you can petition the Surrogate’s Court in the county where the decedent lived.
2. Prepare Documentation. Gather invoices, receipts, death certificate, and any written agreement about payment of funeral costs.
3. File a Creditor’s Claim. Under N.J.S.A. 3B:20-1, you must submit your claim within months of the estate’s notice to creditors. This claim form goes to the personal representative and Surrogate’s Court.
4. Await Review and Payment. The representative reviews all claims in priority order. Funeral bills are paid alongside estate administration expenses before unsecured creditors.

Small or No-Asset Estates

If the estate has limited assets or no formal administration, you can file a simplified Small Estate Affidavit (for estates up to $20,000) or petition the Surrogate directly. Even then, New Jersey law prioritizes your funeral expense reimbursement.

Helpful Hints

• Act Quickly: Note the deadline to file a claim—typically six months from the date personal representatives notify creditors.
• Keep Records: Maintain original receipts and a copy of the death certificate for the court and estate file.
• Reasonable Costs Only: Expenses must be customary and necessary; extravagant services may be reduced or disallowed.
• Consult the Surrogate’s Office: Each county Surrogate’s Court provides guidance and claim forms free of charge.
• Consider an Attorney: For disputed claims or complex estates, an estate or probate attorney can protect your rights.

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for advice tailored to your specific situation.