Colorado: Recovering Funeral Expenses and Other Pre-Settlement Costs from an Estate | Colorado Probate | FastCounsel
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Colorado: Recovering Funeral Expenses and Other Pre-Settlement Costs from an Estate

Can you get reimbursed for funeral bills and other costs you paid before an estate is settled?

Short answer: Yes—under Colorado law, reasonable funeral expenses and other administration costs paid before an estate is settled can often be reimbursed from the decedent’s estate. You must present a timely claim to the personal representative (executor or administrator), keep proof (receipts, invoices, contracts), and follow probate procedures. If the estate has insufficient funds, payment depends on statutory priority rules and the available assets.

Detailed answer — how reimbursement works in Colorado

Colorado’s probate rules treat certain costs of administering a decedent’s affairs—most notably reasonable funeral and burial expenses and expenses of the decedent’s last illness—as administration expenses of the estate. Those administration expenses get priority for payment from estate assets before many unsecured creditors. The estate’s personal representative has the duty to collect assets and pay allowed claims in the order the law requires.

Key practical points under Colorado practice:

  • Who to present the claim to: Submit your request for reimbursement to the personal representative (sometimes called executor or administrator). If no one has been appointed yet, file your claim with the probate court handling the estate so it will be considered after an appointment.
  • What qualifies: “Funeral and burial expenses” and reasonable “expenses of last illness” normally qualify as administration expenses. Other costs you paid on behalf of the decedent (e.g., emergency medical transport charges, secured property maintenance paid to preserve estate value) may qualify as estate administration expenses if they were necessary and reasonable.
  • Documentation you need: Original receipts, funeral contracts, itemized invoices, bank or credit-card statements, medical bills, and any written authorization (if you were acting under a funeral contract or instruction). The more specific and contemporaneous the records, the stronger your claim.
  • Timing and claims process: Probate practice requires that claims be presented within the deadlines set by the probate procedure. Typically the personal representative gives notice to creditors and publishes a notice; claimants then have a statutory window to present claims for allowance. Presenting your claim early—immediately after learning who the personal representative is—reduces the risk a claim will be disallowed as untimely.
  • Priority and payment: Even if your funeral expenses are allowed, payment depends on the estate’s cash and priority of claims. Administration expenses (including reasonable funeral costs) usually are paid ahead of general unsecured debts, but certain secured claims or specific statutory allowances (for example, homestead or family allowances) can affect available funds.
  • If the estate lacks funds: If the estate does not have enough money to pay all preferred obligations, claimants share in the available funds according to statutory priority. If you personally paid expenses, your claim may be reduced or unpaid if higher-priority claims exhaust the estate.
  • If reimbursement is refused: You can ask the personal representative for a written explanation. If you still disagree, you may file a claim in the probate court and ask the court to allow the claim and order payment. The court has authority to determine whether expenses were reasonable and whether you should be reimbursed.

Where the law is found

Colorado’s probate and estate administration provisions appear in Title 15 of the Colorado Revised Statutes (the Colorado Probate Code and related statutes). For general statutory reference and to read the applicable sections, see the Colorado Revised Statutes (Title 15 and related probate sections): https://leg.colorado.gov/colorado-revised-statutes. For practical court information about probate procedures and forms, see the Colorado Judicial Branch probate page: https://www.courts.state.co.us/Forms/Index.cfm?Category=probate.

Step-by-step: What you should do right now

  1. Keep and organize all receipts, contracts, funeral-home invoices, medical bills, bank records and correspondence that show the payments you made.
  2. Find out whether there is a personal representative and get their contact information (it may be on the probate court file or from the funeral home).
  3. Send a written itemized claim to the personal representative (keep proof of delivery). Ask that they acknowledge receipt in writing.
  4. If the personal representative denies or ignores the claim, or if no representative is appointed, contact the probate clerk for filing instructions and deadlines or consult a Colorado probate attorney about filing a claim with the court.
  5. Act promptly. Probate claims have timelines; delays can jeopardize your right to recover.

Special situations

– If you are the surviving spouse or a dependent, you should also review any state “family allowance” or homestead protections that may affect how available estate funds are allocated.
– If you prepaid under a funeral contract and the funeral home is seeking additional payment from the estate, the contract terms matter; keep the contract and receipts.
– If you are owed reimbursement but the estate is insolvent, your claim may be unpaid or partially paid according to statute priority.

How a court typically evaluates disputed funeral or pre-settlement expense claims

  • Was the expense necessary to dispose of the decedent’s estate or required by the decedent’s directions?
  • Was the amount reasonable (local funeral-cost standards, itemized invoices)?
  • Was the claim timely filed and properly presented to the personal representative or the probate court?

Helpful hints

  • Keep originals of all receipts and contracts. If you must send copies, retain originals in a safe place.
  • Ask the funeral home for a fully itemized bill; avoid lump-sum invoices that lack detail.
  • Get written confirmation of any payment plan you agreed to with a funeral provider or medical provider.
  • Communicate in writing with the personal representative and keep copies of all communications.
  • If the estate is small or there is no formal probate, ask the court clerk about small-estate affidavit procedures and whether your claim can be paid under simplified procedures.
  • If the personal representative is refusing to act or refusing claims without explanation, consider a short consultation with a probate attorney to learn how to present a court petition.

Where to get help: The Colorado Judicial Branch website lists probate forms and court contact information (Colorado Judicial Branch – Probate Forms). If the claim is large, the estate is contested, or the personal representative is uncooperative, a Colorado probate attorney can advise whether you should file a formal claim or petition the court for relief.

Disclaimer: I am not a lawyer. This article explains general principles of Colorado probate practice and is for informational purposes only. It is not legal advice. For advice about a specific case, consult a licensed Colorado attorney.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.