Can I include the cost of a headstone as a reimbursable estate expense? - Pennsylvania
The Short Answer
Often, yes. Under Pennsylvania probate law, a gravemarker is specifically recognized as a payable estate item, but whether it is reimbursable (and in what amount) can depend on the estate’s solvency, the reasonableness of the cost, and whether anyone objects.
What Pennsylvania Law Says
In Pennsylvania, estate bills and claims are not all treated the same—there is a statutory order for what gets paid first if the estate does not have enough money to pay everything. Funeral and burial costs have a high priority, and Pennsylvania law also separately addresses the cost of a gravemarker as its own category.
The Statute
The primary law governing this issue is 20 Pa.C.S. § 3392.
This statute establishes the classification and order of payment of proper charges and claims in an estate, and it expressly lists both funeral and burial costs and the cost of a gravemarker among the items to be paid (with the gravemarker listed as its own class).
Why You Should Speak with an Attorney
Even though the statute recognizes a gravemarker as a payable estate item, disputes commonly arise over whether a particular headstone/marker purchase is appropriate for the estate to cover and how it should be handled in the administration.
- Strict priority rules if money is tight: If the estate is insolvent or borderline, paying the “wrong” expense at the wrong time can expose an executor/administrator to objections or personal liability. Pennsylvania’s priority scheme is set by 20 Pa.C.S. § 3392.
- Burden of proof and documentation: The personal representative generally needs to justify that the expense was a proper estate charge and is reasonable in amount—especially if a beneficiary challenges it during the accounting.
- Exceptions and family conflict: Disagreements about the type of marker, timing of purchase, cemetery rules, or whether the decedent left instructions can turn a “simple reimbursement” into an Orphans’ Court dispute.
If you want more context on handling estate payments and avoiding reimbursement disputes, you may find this helpful: How do I document and handle receipts for estate payments in Pennsylvania? You may also want to read: Can a Pennsylvania executor pay a probate attorney retainer from estate funds?
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Disclaimer: This article provides general information under Pennsylvania law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.