Legal Question in Wills and Trusts in Pennsylvania

What expenses are allowed to be paid from an estate account? for ex. can the cemetary grave marker/memorial stone be paid?


Asked on 6/25/12, 8:39 am

2 Answers from Attorneys

You really should speak with an attorney regarding what expenses should be paid from an estate account and which should not be. Also, certain expenses may be deducted from the estate for PA Inheritance Tax purposes. All funereal expenses are deductible including the gravestone. Feel free to contact me (215-367-5110) for a more detailed explanation.

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Answered on 6/25/12, 1:34 pm

I agree. if you are asking a question, it suggests that you should consult a probate attorney. Generally, claims are paid in the following order if there is not enough money in the estate:

20 Pa.C.S.A. � 3392. Classification and order of payment

If the applicable assets of the estate are insufficient to pay all proper charges and claims in full, the personal representative, subject to any preference given by law to claims due the United States, shall pay them in the following order, without priority as between claims of the same class:

(1) The costs of administration.

(2) The family exemption.

(3) The costs of the decedent's funeral and burial, and the costs of medicines furnished to him within six months of his death, of medical or nursing services performed for him within that time, of hospital services including maintenance provided him within that time, of services provided under the medical assistance program provided within that time and of services performed for him by any of his employees within that time.

(4) The cost of a gravemarker.

(5) Rents for the occupancy of the decedent's residence for six months immediately prior to his death.

(5.1) Claims by the Commonwealth and the political subdivisions of the Commonwealth.

(6) All other claims.

Of course, if there is enough money, then the above claims are paid in full before any probate property is distributed to the heirs.

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Answered on 6/25/12, 7:20 pm


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