Detailed Answer
Under Utah law, persons who pay a decedent’s funeral expenses may be reimbursed from the estate as a priority claim. The Utah Uniform Probate Code (UUCPA) treats funeral and last-illness expenses as administrative expenses that the personal representative must pay before most other claims.
Statutory Basis: Utah Code § 75-3-803 requires the personal representative to pay “expenses of the decedent’s last illness and funeral expenses” from estate assets. These costs receive priority over general creditor claims and are capped at $9,000. See Utah Code § 75-3-803.
Filing a Claim: If you are not the personal representative, you must file a written creditor’s claim with the estate. Under Utah Code § 75-3-801, you generally have four months from the date the personal representative publishes notice to creditors to submit your claim. Your claim should include an itemized invoice, proof of payment, and a cover letter addressed to the personal representative or the probate court. See Utah Code § 75-3-801.
Allowance or Rejection: Once you file a timely claim, the personal representative has 30 days to allow or reject it under Utah Code § 75-3-107. If allowed, the representative pays you from estate funds. If rejected, you may petition the probate court for review. Missing the claim deadline may forfeit your right to reimbursement unless the court finds excusable neglect.
If You Are the Personal Representative: You may reimburse yourself for funeral expenses paid on behalf of the estate by approving those payments in your final accounting. List each cost in your inventory and submit receipts when you petition the court for discharge.
Key Deadlines and Caps:
- Claim period: 4 months from notice to creditors (§ 75-3-801)
- Allowance/rejection period: 30 days after claim filing (§ 75-3-107)
- Maximum amount: $9,000 for funeral and last-illness expenses (§ 75-3-803)
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation.
Helpful Hints
- Gather all receipts, invoices, and contracts related to funeral services and transportation.
- File your creditor’s claim early to avoid missing the four-month deadline.
- Send your claim via certified mail or hand deliver it to the personal representative or probate court clerk.
- Keep copies of all documents you submit, including proof of mailing or delivery.
- If the personal representative delays, follow up in writing and note each communication.
- Consider hiring a probate attorney if the claim is disputed or if the estate has limited assets.