Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney about your specific situation.
Detailed Answer
Under Delaware law, funeral expenses are granted priority status as claims against a decedent’s estate. If you have paid funeral costs out of pocket, you may file a claim with the estate’s personal representative to seek reimbursement.
Key points under Delaware law:
- Priority of Funeral Expenses: Funeral expenses are preferred claims under 12 Del. C. § 1912. You can review the statute here: 12 Del. C. § 1912.
- Order of Payment: The personal representative must pay administrative expenses first, then funeral expenses, then other claims. See 12 Del. C. § 1915: 12 Del. C. § 1915.
- Claim Deadline: You must present your claim within four months after the first publication of the notice to creditors or within six months after the decedent’s death, whichever is later (12 Del. C. § 1916). See details: 12 Del. C. § 1916.
To pursue reimbursement, follow these steps:
- Identify the personal representative (executor or administrator) by reviewing court filings for the Letters Testamentary or Letters of Administration.
- Prepare a written claim stating your name, address, date of death, total funeral expenses, and an itemized list of costs. Attach all receipts and invoices.
- Submit the claim to the personal representative before the deadline set by 12 Del. C. § 1916.
- Allow the personal representative time to review and approve valid claims. Approved funeral expenses are paid before most other debts and before distributing assets to beneficiaries.
If the estate’s assets are insufficient after paying administrative and priority claims, you may only receive a partial reimbursement or none at all. In that event, consider negotiating directly with the funeral home or discussing other collection options with an attorney.
Helpful Hints
- Retain all original receipts and contracts related to funeral and burial services.
- Obtain a copy of the creditor notice published in the newspaper to confirm filing deadlines.
- File your claim early—late submissions are typically barred by statute.
- Keep communication with the personal representative in writing for clear documentation.
- When in doubt, seek guidance from a probate attorney to protect your reimbursement rights.