<?xml version='1.0' encoding='utf-8'?>
<section article="get" article_name="Estates and Trusts" number="8-106" title_number="8" title_name="Claims of Creditors" subtitle_number="1" subtitle_name="General">
  <level label="a">
    <text>In this section, “funeral expenses” includes the costs of a funeral, a burial, a cremation, a disposition of the decedent’s remains, a memorial, a memorial service, food and beverages related to bringing together the decedent’s family and friends for a wake or prefuneral or postfuneral gathering or meal, and any other reasonable expenses authorized by the decedent’s will.</text>
  </level>
  <level label="b">
    <text>Subject to the priorities contained in § 8–105 of this subtitle, the personal representative shall pay the funeral expenses of the decedent within six months of the first appointment of a personal representative.</text>
  </level>
  <level label="c">
    <level label="1">
      <text>Funeral expenses shall be allowed in the discretion of the court according to the condition and circumstances of the decedent.</text>
    </level>
    <level label="2">
      <text>In no event may the allowance exceed $15,000 unless the estate of the decedent is solvent and a special order of court has been obtained.</text>
    </level>
    <level label="3">
      <text>An allowance by the court is not required if the estate is solvent and:</text>
      <level label="i">
        <text>The will expressly empowers the personal representative to pay the expenses without an order of court; or</text>
      </level>
      <level label="ii">
        <text>The estate is under modified administration and the personal representative includes the expenses on the final report required under § 5–707 of this article.</text>
      </level>
    </level>
  </level>
  <level label="d">
    <level label="1">
      <text>If the funeral expenses are not paid within 6 months, the creditor may petition the court to require the personal representative to show cause why the personal representative should not be compelled to make the payment.</text>
    </level>
    <level label="2">
      <text>If the court finds that the claim is valid, it shall fix the amount due and shall order the personal representative to make payment within 10 days after the order is served on the personal representative.</text>
    </level>
    <level label="3">
      <text>If the personal representative does not have sufficient funds, the claimant may at a later date resubmit the personal representative’s petition when the personal representative has sufficient funds.</text>
    </level>
  </level>
</section>
