Who is responsible for a burial and for burial costs?
Who pays for a funeral? Can I get help to pay for my loved one's funeral?
Answer
Section 4200 of the Public Health Law requires that a deceased person be decently buried or cremated within a reasonable time after death. Per section 141 of the Social Services Law, if someone dies and there is no money in their estate, or not enough money to cover their burial expenses, then their surviving relatives (defined in section 101 of the Social Services Law) are responsible for paying for the burial to the extent that they are able. If a person dies without any funds to cover their burial, and there are no friends or relatives who are willing or able to pay for the burial, then the burial will be handled by the public welfare district, city, or town. Section 1811.1 of the Surrogates Court Procedure Act states that where there is enough money in someone's estate to cover their burial costs, the burial cost will be the first expense paid out of the estate.
The state Department of Health has brochures that can help you if you are overwhelmed by the thought of planning a funeral.
There are also different state and local agencies that can also help with burial costs:
- Indigent burial reimbursement for veterans
- State supplemental burial allowance for veterans
- New York City Human Rights Administration's Office of Burial Services
- Burial resource list from LawHelpNY