What funeral expenses can an Executor or Administrator pay in an Ohio Estate?

First, if there is a will provision dealing with funeral expenses, than an executor’s action are governed by the will provision. However, if the will does not deal with the issue of funeral expenses or an administrator is appointed, O.R.C. 2117.25 deals with the payment of funeral expenses.

Under 2117.25, an Ohio administrator or executor, may pay an amount, not exceeding four thousand dollars, for funeral expenses that are included in the bill of a funeral director. The probate court can approve an amount for expenses other than those in the bill of a funeral director. The administrator or executor can also pay an amount, not exceeding three thousand dollars, for burial and cemetery expenses.

In the case of In re Estate of Kathy M. Campbell, a 2013 sixth circuit case, an executrix sought reimbursement of funeral luncheon expenses. The probate court denied the claim. The appeals court reversed, finding that a funeral luncheon qualified as a funeral expense “other than those in the bill of a funeral director.” The court further found that a funeral luncheon is ordinarily attended by those who attend a funeral and so, is an integral part of the funeral and thus, should be permitted.

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