Detailed Answer
Disclaimer: This article is for informational purposes only and does not provide legal advice.
Illinois Law on Funeral Expenses
Under Illinois law, funeral, burial, and cemetery expenses are a first-priority claim against a decedent’s estate. The Illinois Probate Act allows reasonable funeral expenses up to $6,000 before paying general creditors. See 755 ILCS 5/18-3.
Who Can Seek Reimbursement?
Any person or entity that arranges or pays funeral costs—such as a surviving family member, friend, or funeral home—may present a claim. You must show proof of payment and relevant invoices or contracts to the estate’s representative (executor or administrator).
How to File a Claim
- Contact the estate representative in writing and request reimbursement.
- Prepare a written claim detailing your name, address, relationship to the decedent, and the amount paid.
- Attach supporting documents: funeral home invoice, contract, receipts, and proof of payment.
- File the claim with the clerk of the circuit court handling the probate. Under the Probate Act, creditors generally must present claims within six months after the first publication of notice to creditors. See 755 ILCS 5/18-4.
- If the estate representative disputes or ignores your claim, you can petition the court to allow the claim at a probate hearing.
Priority and Limits
Funeral expenses enjoy priority over general unsecured claims but rank below administrative costs (such as court fees and attorney fees). Illinois caps these expenses at $6,000. If the estate lacks sufficient assets, claims above the cap may go unpaid.
Helpful Hints
- Document all costs: Keep original contracts, itemized invoices, and receipts.
- Act promptly: File your claim before the six-month deadline after creditor notice.
- Keep copies: Retain duplicates of your claim and supporting documents for your records.
- Use certified mail: Send your reimbursement request to the executor or administrator with delivery confirmation.
- Consult a probate attorney: If the estate representative refuses payment or challenges your claim, a lawyer can guide you through court procedures.