Detailed Answer
Under Oklahoma law, someone who pays for a decedent’s funeral can seek reimbursement from the estate as an administrative expense. Funeral expenses hold priority over many other claims and must be paid before distributing assets to heirs or beneficiaries.
Who May Seek Reimbursement?
The following parties may claim funeral expenses: (1) the personal representative; (2) an individual who stood in loco parentis; (3) a person who provided funeral or burial services; or (4) a person who paid the funeral bill. Each may present a claim against the estate.
Priority of Funeral Expenses
Funeral expenses are a preferred claim. Under 58 O.S. § 262, funeral and burial expenses are paid before most other debts. The court may allow reasonable funeral costs up to $2,000 as part of administration expenses under 58 O.S. § 242.
How to File a Claim
1. Notify the personal representative in writing about your claim.
2. Submit an itemized invoice and proof of payment.
3. File the claim with the county court where the estate is administered.
4. Serve notice on all interested parties.
Time Limits
Creditors, including those claiming funeral expenses, must file within five months after the date the personal representative’s citation is served. See 58 O.S. § 254. Late claims may be barred.
Enforcing the Claim
If the claim is contested or ignored, you can petition the court for allowance. The court will review documentation and may hold a hearing to determine a reasonable amount.
Hypothetical Example
For example, Emily pays $3,500 for her mother’s funeral. The court may allow up to $2,000 as administrative expenses. Emily can file a claim for the full amount but must justify amounts above the statutory cap. The personal representative must pay up to $2,000 before other debts.
Disclaimer
This article offers general information under Oklahoma law and does not constitute legal advice. Consult a licensed attorney for advice on your situation.
Helpful Hints
- Keep all receipts and invoices for funeral expenses.
- Act promptly—file within five months of the court’s citation.
- Provide clear documentation to the personal representative.
- Understand the $2,000 statutory cap on administrative funeral expenses.
- Consider consulting a probate attorney if your claim is disputed.