Paying funeral expenses for a loved one can be a financial burden. If you covered the funeral bill, Ohio law provides a process to seek reimbursement from the estate. This article explains your options and steps under Ohio probate statutes.
Detailed Answer
Priority of Funeral Expenses in Ohio Probate
Ohio Revised Code Section 2113.03 designates funeral expenses as priority “expenses of administration” in a decedent’s estate. This means that reasonable funeral costs must be paid before most other debts. If you paid the funeral home, you may file a claim to recover those expenses.
How to File a Claim for Reimbursement
To seek reimbursement, follow these steps:
- File a proof of claim with the probate court clerk in the county where the decedent’s will is probated or estate is administered.
- Submit your claim within six months of the personal representative’s appointment as required by R.C. 2117.06.
- Attach detailed invoices, the funeral contract, and proof of payment.
- Serve a copy of your claim on the personal representative and all interested heirs.
Once the personal representative reviews and approves your claim, the estate pays you from available assets. If they reject or dispute your claim, you may petition the probate court to allow the expense under R.C. 2113.03.
Family Allowance for Dependents
If you are the surviving spouse or next of kin, you may also qualify for a statutory family allowance for funeral and household expenses. Under R.C. 2108.21, the court can grant reasonable funeral costs to support dependents before distributing the estate.
When Estate Assets Are Insufficient
Even though funeral expenses have priority, the estate must have enough assets to satisfy the claim. If assets are limited, the court pays claims in the order established by R.C. Chapter 2113. You may explore Ohio’s small estate affidavit procedures if the estate falls below the statutory threshold.
Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Helpful Hints
- Keep all funeral bills, contracts, and payment records organized.
- Note the date the personal representative was appointed to meet filing deadlines.
- Communicate early with the personal representative to discuss your claim.
- Consider consulting a probate attorney for guidance on complex estates or disputes.
- Explore small estate affidavit options if estate assets are minimal.