She could make payment and then make a claim against the estate or petition the court to order the executor to pay the bill.


§ 2105. Order of preference of claims against estate.

(a) Executors and administrators after payment of all administration expenses, fees and commissions shall pay claims against the decedent in the following order:

(1) Surviving spouse's allowance as provided in § 2308 of this title;

(2) Funeral expenses;...


Quote Quoting jk
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well, you have a problem because "she" didn't have any authority to commit "his" money after his death. The estate is liable to pay for the funeral expenses but if somebody who has no authority to act on behalf of the estate nor commit estate funds offers to pay it, there is nothing for the estate to pay. She offered to pay it by entering into the contract....
That's a pretty impossible standard, jk. At the time of the funeral, how often does anybody have actual "...authority to act on behalf of the estate [or] commit estate funds offers..."? Is the funeral going to be put off until the court appoints an executor/administrator?

Even if the contention is that the executor nominated in the will should be entering into the contract, what if:

  1. There is no will.
  2. Nobody has looked for/found a will yet.
  3. The nominated executor (and contingents, if any) are dead or otherwise incapable of serving.
  4. The nominated executor can't get to the city of death.
  5. Etc....


The son is being a jerk.