Who has to pay for a relative's funeral?

Question

José Manuel Alburquerque · Accepted Answer

The estate. The burial and funeral expenses are met from the deceased's assets. Banks usually allow the funeral director's invoice to be paid from the deceased's account, even if it is frozen. If a relative pays them up front, he or she can recover them from the estate or, if there are no assets, from the relatives who were obliged to support the deceased. Whoever signed the order with the funeral director is liable to it, whether an heir or not. If there is an estate The expenses are paid out of the deceased's assets, even if the inheritance has not been accepted or the estate divided. Paying them in this way does not, in itself, amount to accepting the inheritance. If a relative pays them up front, the heirs must reimburse him or her out of the estate's money. It is advisable for the relative to keep proof of payment. If the invoice is in the deceased's name, it is presumed to have been paid with the estate's money and the relative will have to prove that he or she paid it. They are deducted from the value of the estate when calculating the children's forced share (“legítima”). They are also deducted for the “impuesto de sucesiones”, the Spanish inheritance tax, if they are supported by the invoice and are in proportion to the estate. Legatees, who receive specific assets, do not generally pay them. If there are no assets or the heirs renounce Whoever signed the order with the funeral director owes it the price, whether an heir or not. He or she can then claim it from the estate or from the heirs who accept the inheritance. Anyone who signed nothing and renounces the inheritance is not liable to the funeral director. If the deceased leaves no assets or insurance, in Catalonia the funeral must be paid for by the relatives who were obliged to support him or her, such as the spouse or the children, even if they have renounced the inheritance. Whoever paid for it can claim from them the share that falls to them. If the family has no means, it can ask the town council's social services for a free or cheaper funeral. In Catalonia, town councils must ensure that a lack of money does not prevent a funeral. Funeral insurance If the deceased had funeral insurance, the insurer arranges and pays for the service. Before arranging anything, it is advisable to look for the policy or for the premium payments at the bank. If the family prefers another funeral director, the insurer must pay the sum insured to the heirs, who may not be the people who paid for the funeral. The person who paid can then ask them to pay it back.