Who is responsible for a burial and for burial costs?
Who pays for a funeral? What help is available to pay for funeral costs?
Answer
Public Health Law § 4200 ("Cadavers; duty of burial") requires that the bodies of deceased person be decently buried or incinerated within a reasonable time after death. Social Services Law § 141 ("Burial of the dead") states who is required to pay for a burial according to Social Services Law § 101 ("Liability of relatives to support"). Surrogate's Court Procedure Act § 1811(1) states that "the reasonable funeral expenses of the decedent subject to the payment of expenses of administration shall be preferred to all debts and claims against his estate and shall be paid out of the first moneys received by his fiduciary."
Links & Files
- New York State Senate Consolidated Laws of New York Opens in new window
- Burial Assistance -- NYC Human Resources Administration Opens in new window
- Bureau of Funeral Directing -- NYS Dept of Health Opens in new window
- Burial Unit -- Erie County Dept of Social Services Opens in new window
- Indigent Burial Reimbursements -- New York State Division of Veterans' Services Opens in new window
- Program Assistance with Burials -- Madison County Opens in new window
- What debts need to be paid after a death? Opens in new window
- Who has the right to decide upon the burial of a family member? Opens in new window