§ 8-106. Funeral expenses

   (a) "Funeral expenses" defined. -- In this section, "funeral expenses" includes the costs of a funeral, a burial, a cremation, a disposition of the decedent's remains, a memorial, a memorial service, food and beverages related to bringing together the decedent's family and friends for a wake or prefuneral or postfuneral gathering or meal, and any other reasonable expenses authorized by the decedent's will.

(b) Payment. -- Subject to the priorities contained in § 8-105 of this subtitle, the personal representative shall pay the funeral expenses of the decedent within six months of the first appointment of a personal representative.

(c) Allowance. --

   (1) Funeral expenses shall be allowed in the discretion of the court according to the condition and circumstances of the decedent.

   (2) In no event may the allowance exceed $ 10,000 unless the estate of the decedent is solvent and a special order of court has been obtained.

   (3) If the estate is solvent and the will expressly empowers the personal representative to pay the expenses without an order of court, an allowance by the court is not required.

(d) Petition of creditor. --

   (1) If the funeral expenses are not paid within six months, the creditor may petition the court to require the personal representative to show cause why he should not be compelled to make the payment.

   (2) If the court finds that the claim is valid, it shall fix the amount due and shall order the personal representative to make payment within ten days after the order is served upon the personal representative.

   (3) If the personal representative does not have sufficient funds, the claimant may at a later date resubmit the personal representative's petition when the personal representative has sufficient funds.

HISTORY: An. Code 1957, art. 93, § 8-106; 1974, ch. 11, § 2; 1983, ch. 162; 1988, ch. 237; 1991, ch. 636; 1997, ch. 693; 2005, ch. 107; 2012, ch. 66, § 6; chs. 226, 227.