There is no will and only one heir. Is that heir responsible for funeral expenses?

Attorney answers (3)

1. Licensed in SC

   

   Ian Taylor

   Pawleys Island Probate Attorney

   Contributor Level 12

   Answered January 26, 2013 08:45. The other attorneys general information will apply in SC. If there is a will that is known to exist and a person in in possession of that will, they would likely have to file the will with the county's probate court. If there is no will, there may be nothing that even a potential heir needs to do with the estate. There are no obligations to probate the estate. If a notice of death finally gets to a creditor, including a funeral home, the creditor (any other interested person) can open an estate in the probate court to have debts paid.
   
   Good Luck,
   ian
   Ian A. Taylor
   The Taylor Law Office L.L.C. | (843) 314-4313
   Pawleys Island, SC
   Estates. Probate. Adult Guardianship. Landlord-Tenant. Insurance.

   The Rules of Professional Conduct for my state only allow me to provide general legal information regarding your... moreThe Rules of Professional Conduct for my state only allow me to provide general legal information regarding your question. I am unable to offer my services directly or specific answers to your question. The information provided is not intended to create an attorney/client relationship and shall not be construed as legal advice. Therefore, the resources or information given is provided as general information only. I caution Askers not to attempt to solve individual problems upon the basis of the information contained therein. less

   • Mark as helpful
   • Flag
2. 

   Steven Zelinger

   Blackwood Probate Attorney

   Contributor Level 18

   Answered January 25, 2013 08:14. The estate is responsible for the funeral expenses. That means the decedent's assets cover the cost (practically this might mean someone has to pay the funeral bill and get paid back by the estate).

   This is not legal advice nor intended to create an attorney-client relationship. The information provided here is... moreThis is not legal advice nor intended to create an attorney-client relationship. The information provided here is informational in nature only. This attorney may not be licensed in the jurisdiction which you have a question about so the answer could be only general in nature. Visit Steve Zelinger's website: http://www.stevenzelinger.com/ less

   • Mark as helpful
   • Flag
3. 

   Diane L Gruber

   West Linn Probate Attorney

   Contributor Level 17

   Answered January 25, 2013 19:34. Whoever signs the papers with the funeral home is responsible to pay them. BUT, in the probate process, that person will be reimbursed for the funeral expenses BEFORE the heir gets the net estate.

   • Mark as helpful
   • Flag