Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
Under Texas law, anyone who pays a decedent’s reasonable funeral expenses may present a claim against the estate. Texas Estates Code Chapter 355 sets out how to handle funeral bills and other creditor claims. In an independent administration, the executor may pay reasonable funeral costs without a formal claim. If the executor does not cover your expenses, you must present a written claim to the executor or to the probate court.
Who qualifies: A family member, friend or the funeral home that advanced funds for the funeral. You act as a creditor of the estate.
Claim priority: Funeral expenses rank immediately after costs of administration. See Texas Estates Code §355.102 (Chapter 355).
How to file: Identify whether the estate is in independent or dependent administration. In independent administration, you have 120 days after the first newspaper notice to file. In dependent administration, you have six months from the date letters are issued. Provide an itemized invoice, proof of payment (receipts or canceled checks) and a short affidavit describing your relationship to the decedent.
What if the estate lacks funds: If the estate cannot pay all priority creditors, you may petition the probate court to enforce your claim. Alternatively, if the estate qualifies as a “small estate” (total assets under $75,000), you can use a Small Estate Affidavit under Texas Estates Code Chapter 205 to collect assets directly.
Helpful Hints
- Gather original funeral invoices and proof of payment before filing.
- Confirm the type of administration (independent vs. dependent) to track deadlines.
- Send your claim via certified mail or deliver in person to the executor or probate clerk.
- Keep copies of all documents and correspondence with the executor.
- Monitor the probate court docket for status updates on creditor claims.
- If the executor refuses payment, consider filing a motion in probate court to compel distribution.
- Explore the small estate affidavit process if the estate’s total value falls below $75,000.
- Consult a probate attorney for complex estates or disputes with other creditors.