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Fairfax, VA Probate Blog

Monday, February 23, 2015

Probate Funeral Expenses

Funeral Expenses (reasonable Funeral Expenses) are an obligation of the deceased person's estate in Virginia. However, some rules do apply.   

I.e, subject to the provisions of § 64.2-528 (order for paying debts in an insolvent estate), reasonable funeral and burial expenses of a decedent shall be considered an obligation of the decedent's estate, which shall be liable for such expenses to (i) the funeral establishment, (ii) the cemetery, (iii) any third-party creditor who finances the payment of such expenses, or (iv) any person authorized to make arrangements for the funeral of the decedent who has paid such expenses.

A person who is authorized to make arrangements for the funeral of the decedent shall have the authority to bind the decedent's estate for such expenses and may execute, on behalf of the estate, any necessary instruments.

Some Questions Naturally Arise

What does it mean to be authorized to make "Funeral Expenses"?

What are "reasonable Funeral Expenses" and how much is reasonable to spend?

What happens if a person who makes funeral arrangements isn't authorized or makes expenditures that are not reasonable funeral expenses?

What liability does an executor have for refunding funeral expenses that are not made by an authorized party or are unreasonable?

 

Have questions, give us a call and speak to a probate attorney. 




The Lenzi Law Firm, PLLC assists clients throughout Northern Virginia and Washington D.C. including Fort Washington, Falls Church, Ft. Myer, Vienna, Rosslyn, Springfield, Mount Vernon, Annandale, Fort Belvoir, Fairfax, Dunn Loring, Merrifield, McLean, Oakton, Reston, Burke, Great Falls, Fredericksburg, Stafford and Herndon in Arlington County, Alexandria County, & Fairfax County.



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