Detailed Answer
When someone pays for a decedents funeral in Oregon, they may seek reimbursement from the estate through probate. Oregon law grants priority for funeral expenses and specifies how to file a claim.
Priority of Funeral Expense Claims
ORS 113.095 allows claimants to recover reasonable funeral, burial, or cremation costs up to $10,000 from probate assets.[ORS 113.095] These claims take priority over unsecured debts.
Who Can File
Anyone who paid for the funeral—family, friends, or the funeral home—can file a claim. The personal representative (PR) must review and pay approved claims.
How to File a Claim
- Obtain the courts notice to creditors (published in a local newspaper).
- Prepare a written claim listing the name of the decedent, amount owed, and description of services.
- Attach itemized invoices or receipts for funeral costs.
- Submit the claim to the probate court and mail a copy to the PR within three months of the first notice to creditors (see ORS 111.205 to 111.275).
Time Limits and Deadlines
Creditors, including funeral expense claimants, generally must file within three months after the first publication of notice to creditors.[ORS 111.205] Late claims may be allowed at the courts discretion if approved by all interested parties.
When No Probate Is Opened
If the estate qualifies as a small estate (total personal property under $75,000 per ORS 114.505 et seq.), you may use a small estate affidavit to collect assets and pay funeral costs. If no probate occurs, reimbursement depends on how assets pass (joint tenancy, beneficiary designation, etc.).
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed Oregon attorney for guidance on your specific situation.
Helpful Hints
- Keep all receipts and invoices for funeral services.
- Act quickly—missing deadlines can forfeit your claim.
- Confirm the PRs contact information and mailing address.
- Review Oregons small estate rules if no probate is opened.
- Consider consulting an estate or probate attorney for complex cases.