Newport News, VA asked in Estate Planning and Probate for Virginia

Q: Does funeral reimbursement from estate take precedence over other bills? Father's bank act is just enough to cover them

My father passed recently and we have the estate process going with my sister as executor. His bank account has enough to cover what we paid in funeral costs but there is 1 outstanding credit card debt so I was hoping funeral reimbursement superceded that.

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1 Lawyer Answer
James H. Wilson Jr.
James H. Wilson Jr.
  • Estate Planning Lawyer
  • Glen Allen, VA
  • Licensed in Virginia

A: Section 64.2-528 of the Code of Virginia sets out the order in which debts are to be paid when assets in the personal representative's possession are not sufficient to pay all debts and demands. This is known as an insolvent estate. Funeral expenses are third priority, after costs and expenses of administration and allowance in Article 2 of Chapter 3 of Title 64.2, and limited to $4,000. This can often cause a problem, as funeral expenses typically exceed the limitation.

Anyone serving as personal representative of an estate, either an executor of an administrator, should consult with an experienced Virginia probate lawyer.

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