Can I be reimbursed from the estate for out-of-pocket funeral costs I paid? - Pennsylvania
The Short Answer
Often, yes—funeral and burial costs are generally considered proper estate expenses in Pennsylvania, and the estate can typically reimburse the person who advanced those costs, assuming the expenses were reasonable and the estate has available assets. However, reimbursement is not automatic in every situation, especially if the estate is insolvent or there are disputes about the amount or who authorized the arrangements.
What Pennsylvania Law Says
In Pennsylvania, certain expenses and claims are paid ahead of others when an estate’s assets are being used to cover obligations. Funeral and burial costs are specifically recognized as a high-priority category of payment, which is why reimbursement is often possible when someone pays these bills out of pocket.
The Statute
The primary law governing this issue is 20 Pa.C.S. § 3392.
This statute establishes the classification and order of payment of estate charges and claims, and it places the costs of the decedent’s funeral and burial among the higher-priority items that a personal representative should pay from estate assets.
Why You Should Speak with an Attorney
While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:
- Priority and available funds: If the estate does not have enough assets to pay everything, Pennsylvania law requires payment in a specific order, and even funeral costs may be affected by what assets are actually available to the estate under 20 Pa.C.S. § 3392.
- Burden of proof: The person seeking reimbursement may need to show the expenses were actually paid, were funeral/burial-related, and were reasonable under the circumstances (receipts, contracts, and proof of payment matter).
- Disputes and exceptions: Families sometimes disagree about who had authority to make arrangements, whether the services were appropriate, or whether the bill should be reduced—these disputes can delay reimbursement and create Orphans’ Court litigation risk.
Trying to handle this alone can lead to delays, family conflict, or a denial of reimbursement—especially if the estate is tight on funds or the personal representative is concerned about paying the “wrong” claim in the “wrong” order.
If you want more background reading, these may help: How creditor claims are paid in a Pennsylvania estate and executor reimbursement of estate expenses in Pennsylvania.
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Disclaimer: This article provides general information under Pennsylvania law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.