How can a relative recoup funeral costs of $8100 from a small estate, plus an additional $2000 in administrative/personal representation costs?

My uncle passed in another state without a Will, leaving a small estate of $14,000; his daughter has filed probate and placed the funds in escrow (though I handled and paid everything). We realize 1option is to wait and see if any creditors appear in the next 6months, and if they do not, I can be paid. But, if creditors do appear, I need to know my rights, if any, to be paid for my expenses and how to go about preserving those rights now? Am I technically a creditor as well, and as such should I file a claim against the estate? Where do my costs fall on the list of priorities? Need a lawyer?

Asked on July 13, 2012 under Estate Planning, Maryland


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am so sorry for your loss.  Yes, you are indeed a creditor of the estate.  You need to file a claim against the estate in the same way any other creditor does.  The funueral bill is generally given priority in payment in all states.  You need to call the clerk in the county in which the proceeding is filed to find out what form you need file to make a claim.  You wrote "Maryland" in the state box so I am giving you a PDF link here to their form.  Not sure if that is the state you need.  Good luck.

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