Detailed Answer
Under Alabama law, funeral expenses paid by an individual on behalf of a decedent are treated as a priority claim against the decedent’s estate. The probate code grants these claims superior status so that expenses necessary to preserve or dispose of the decedent’s remains are paid before most other debts.
Alabama Code § 43-8-60 establishes the order of priority for claims against an estate. It states that funeral expenses up to $5,000 are paid first from the assets of the estate. You can find the statute here: Alabama Code § 43-8-60.
To seek reimbursement:
- Identify the Personal Representative. When someone dies with or without a will, the probate court appoints a personal representative (also called an executor or administrator) to manage the estate.
- Prepare Documentation. Gather invoices, receipts and any written agreements related to the funeral or burial services you paid for.
- File a Claim. Submit a written claim to the personal representative listing the amount owed and attaching supporting documents. Alabama Code § 43-8-61 sets a deadline of six months from the date of appointment of the personal representative to file most claims against the estate.
- Await Payment. Once the personal representative verifies the claim and confirms sufficient estate assets, reimbursement up to $5,000 must be paid from estate funds before other creditors are paid.
If the estate lacks sufficient assets to cover all funeral expenses up to $5,000, the personal representative must pay as much as the estate allows and then stop. Claims above that amount are treated as general debts and paid only if assets remain.
Hypothetical Example: Jane Doe’s mother passed away, and Jane paid a $3,200 funeral bill. Jane files her claim with the personal representative and includes the funeral home invoice. Because $3,200 is under the $5,000 priority cap, the estate must reimburse Jane before paying other nonpriority creditors.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney in Alabama for guidance specific to your situation.
Helpful Hints
- Keep original receipts and itemized invoices for all funeral-related costs.
- Confirm the personal representative’s contact information through the probate court.
- File your claim early: Alabama law generally requires claims within six months of appointment of the personal representative.
- Track estate communications: send your claim via certified mail and retain delivery proof.
- If the estate appoints an attorney, ask how and when you’ll receive reimbursement.
- Consider consulting a probate attorney if the claim is denied or disputed.