Probate Q&A Series

Can I recover funeral costs and a gravestone expense from my aunt’s estate under North Carolina probate law, and how does the reimbursement process work?

Detailed Answer

Yes. Under North Carolina probate law, a person who pays reasonable funeral expenses and the cost of a gravestone (headstone or marker) for a decedent may seek reimbursement from the estate. These are treated as claims against the estate and are paid in a specific order of priority set by statute.

What the law says

  • The order in which estate debts are paid is controlled by N.C. Gen. Stat. § 28A-19-6. It gives priority to funeral expenses and a gravestone (subject to statutory dollar limits). Amounts above those limits do not get priority, but may still be paid if funds remain after higher-priority claims.
  • How to submit a claim is addressed in N.C. Gen. Stat. § 28A-19-3, which explains the manner of presenting claims to the personal representative (executor or administrator).
  • If a claim is disputed, the Clerk of Superior Court (the probate court in North Carolina) has authority over estate matters. See N.C. Gen. Stat. § 28A-2-1.
  • For broader context on claims against estates, see Chapter 28A, Article 19: Claims Against the Estate.

What expenses can be reimbursed?

North Carolina law generally allows reimbursement of reasonable:

  • Funeral home charges and basic services
  • Burial or cremation costs, cemetery opening/closing fees
  • Reasonable gravestone or grave marker and installation
  • Related necessities (e.g., death certificates, obituary fees) when part of the funeral arrangements

“Reasonable” depends on the estate’s size, the decedent’s circumstances, and local custom. A lavish service or an unusually expensive monument may be reimbursed only up to the statutory priority limits; any excess is paid, if at all, only after higher-priority claims and only if enough assets remain.

Priority and partial payment if assets are limited

When an estate does not have enough money to pay everything, the personal representative must follow the statutory order in § 28A-19-6. In practice:

  • Administrative costs of the estate are paid first.
  • Funeral expenses and a gravestone are paid next, up to the statute’s dollar caps for priority treatment.
  • Other creditors follow in the order listed by the statute.

If there is not enough money to pay all funeral or gravestone costs in full, you may receive only a partial reimbursement to the extent the statute gives priority and assets allow.

Step-by-step: How to get reimbursed

  1. Confirm that an estate has been opened. An executor (if there’s a will) or an administrator (if there’s no will) must be appointed by the Clerk of Superior Court in the county where your aunt lived. If no one has opened the estate and reimbursement is needed, a relative or creditor can often open it.
  2. Collect your proof. Gather a copy of the funeral contract, itemized invoices, receipts, proof of payment (bank/credit card statements), and any documents for the gravestone order and installation.
  3. Present a written claim to the personal representative. Follow § 28A-19-3: send a dated, written demand identifying the estate, the amount sought, a description of each expense, and attach your supporting documents. Deliver it to the personal representative at the address in the estate’s Notice to Creditors (and keep proof of delivery).
  4. Observe the deadline on the Notice to Creditors. The Notice sets a claim-by date. Claims presented by that date receive full consideration under the statute. Late claims may be barred or paid only if assets remain after timely claims—so submit early.
  5. Wait for allowance or rejection. The personal representative reviews your claim. If allowed, it will be paid from estate funds when the estate has enough cash and it is your claim’s turn by priority. If rejected (in whole or part), you can ask the Clerk of Superior Court to resolve the dispute or pursue a civil action in the estate proceeding. See the Clerk’s probate authority at § 28A-2-1.
  6. If you are the personal representative and paid out of pocket, keep meticulous records and disclose the reimbursement on your inventories and accountings. Reimburse only according to the statutory priority and caps, and seek the Clerk’s approval if there is any doubt.

Common scenarios

  • Headstone purchased months later: You may still submit a claim for the gravestone when it’s ordered and paid. The key is timely presentation and reasonableness.
  • Multiple people helped pay: Each payer may file a claim for the amount they personally paid, with proof.
  • Insurance assignments/prepaid funerals: If an insurance policy or prepaid plan directly covered funeral costs, you can only claim amounts you actually paid that were not covered.
  • No estate assets: If the estate is insolvent, you may receive only partial or no reimbursement, even with a valid claim, after the statutory priority is applied.

Helpful Hints for North Carolina Probate Reimbursement

  • Act fast—submit your claim well before the Notice to Creditors deadline.
  • Send your claim by certified mail or another trackable method and keep a copy.
  • Itemize each expense and include receipts and proof of payment.
  • Choose a gravestone that is proportionate to the estate’s size to reduce the risk of a reasonableness challenge.
  • If you are also the executor/administrator, consider seeking the Clerk’s guidance before reimbursing yourself.
  • Do not pay other estate debts before funeral and gravestone claims without checking the statutory priority.
  • If the estate lacks liquid cash, ask about selling non-cash assets or timing of distributions so priority claims can be paid.

We can help

Recovering funeral and gravestone costs from an estate is allowed in North Carolina, but you must follow the claims process and the statutory priority in Chapter 28A, Article 19, including § 28A-19-3 and § 28A-19-6. If you need guidance or if your claim was denied, our North Carolina probate team is ready to step in. Call us today at (919) 341-7055 for a consultation.