If my son’s father died without a Will 2 months ago and we paid for the cremation and memorial, can we be repaid for the expenses out of the estate?

My son filed an Affidavit of Claiming Successor last week. It is a small estate (less than $4000 in bank, no real assets. I paid for the cremation ($1400) and my son paid for the memorial ($700). Do we have a claim against the estate before other creditors?

Asked on February 10, 2015 under Estate Planning, Oregon


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

Answered 5 years ago | Contributor

I am so sorry for your loss.  Generally speaking yes, the debt for the funeral has priority over all other debts to be paid.  You would make a claim against the estate for reimbursement of the funds that you laid out for the funeral expenses.  Good luck.

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