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;...
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:
- There is no will.
- Nobody has looked for/found a will yet.
- The nominated executor (and contingents, if any) are dead or otherwise incapable of serving.
- The nominated executor can't get to the city of death.
- Etc....
The son is being a jerk.

