Detailed Answer
Under Colorado law, funeral expenses qualify as priority claims against a decedent’s estate. If you paid for a loved one’s funeral, you may seek reimbursement up to the statutory limit. Colorado Revised Statutes (C.R.S.) § 15-11-1002(e) grants priority to “reasonable funeral and burial expenses” over all unsecured claims. See C.R.S. § 15-11-1002.
Colorado caps funeral claims at $6,000 when the claimant is a surviving spouse, child, or dependent, and $3,500 for other claimants. Insurance proceeds or pre-need funeral trusts reduce the amount you can claim. The personal representative must pay approved priority claims before distributing any remaining assets to heirs or other creditors.
To recover your payment:
- File a formal claim. Submit a verified claim form to the personal representative or probate court. Attach an itemized funeral invoice and proof of payment.
- Meet the deadline. Under C.R.S. § 15-12-801, you generally have three months from the date the personal representative mails notice to known creditors to file your claim. See C.R.S. § 15-12-801.
- Use a small-estate affidavit if applicable. If the estate’s total probate assets do not exceed $75,000, you may qualify for summary administration or file a small-estate affidavit under C.R.S. § 15-12-1301 for faster relief. See C.R.S. § 15-12-1301.
If the estate lacks sufficient assets, you recover only up to the available funds after priority claims. If no personal representative serves, interested parties can petition the court to appoint one or initiate summary administration.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney to address your specific situation.
Helpful Hints
- Gather all funeral home receipts, contracts, and proof of payment before filing a claim.
- Verify the personal representative’s name and mailing address through the probate court clerk.
- Keep copies and proof of service when submitting your claim to the court or personal representative.
- Note and calendar any deadlines in the notice to creditors to avoid losing your right to reimbursement.
- Explore small-estate procedures if the estate qualifies to simplify and speed up the process.