Funeral Costs After a Wrongful Death

Funeral homes ask for decisions, and often payment, within days of a death. A wrongful death claim takes far longer. This guide explains who is responsible for the bill in the meantime, how the cost is recovered later, and which public programs can help in between. Our wrongful death page explains the claim itself.

The rules come from the Health and Safety Code, the Probate Code, the Government Code sections that run California's victim compensation program, and the Judicial Council's jury instruction on wrongful death damages, CACI 3921.

Who pays for the funeral, step by step?

The person with the right to arrange the funeral makes the decisions. The law gives that right, and the liability for the reasonable cost, to a list of people in order: first an agent named in a health care power of attorney, then the surviving spouse, then the adult children, then the parents, and so on (Health and Safety Code 7100(a)).
Get an itemized contract. Keep the funeral home's itemized statement, the cemetery or cremation bills, and proof of who paid each one.
Check for other sources. If the death happened at work, workers' compensation pays burial expenses (Labor Code 4701). If it was caused by a crime, apply to the California Victim Compensation Board, which pays after other sources.
Look to the estate. Funeral expenses are paid from the estate ahead of most other debts (Probate Code 11420).
Include the full cost in the wrongful death claim. Funeral and burial expenses are an item of economic damages (CACI 3921).
Repay what the law requires. If the victim compensation program paid part of the bill, it must be notified of a lawsuit and repaid from a recovery for the same loss (Government Code 13963).

Where can the money for a funeral come from?

Source	When it applies	Limits and conditions	Law
The family member who arranges the funeral	Always, at first	Liable for the reasonable cost; kin of the same degree and the estate share that liability	Health and Safety Code 7100(a) and (d)
The estate of the person who died	When there is an estate	Funeral expenses come after administration expenses and secured debts, ahead of the expenses of last illness and general debts	Probate Code 11420
California Victim Compensation Board	The death was caused by a qualifying crime	Up to $12,818 for the funeral, burial or memorial service, after other sources; apply within seven years of the crime	Government Code 13953 and 13957; CalVCB
Workers' compensation	The death resulted from a work injury	Reasonable burial expenses up to $10,000 for injuries on or after January 1, 2013, plus a death benefit for dependents	Labor Code 4701
Criminal restitution	The person responsible is convicted	The court orders restitution for economic losses; amounts the victim fund paid are included	Penal Code 1202.4(f)
The wrongful death claim	Someone's wrongful act or neglect caused the death	Funeral and burial expenses are recoverable economic damages	CACI 3921; Code of Civil Procedure 377.61

Who is legally responsible for the funeral bill?

Health and Safety Code 7100 ties the bill to the right to decide. Unless the person who died left directions, the right to control the disposition of the remains and the funeral arrangements "vests in," and the liability for the reasonable cost "devolves upon," the people it lists in order. A health care agent is liable for costs only if they agree to pay or make decisions that incur costs, and then only to the extent the estate or another fund is not enough. After the agent come the surviving spouse, the sole adult child or a majority of the adult children, the parents, the adult siblings, and more distant relatives.

The cost is shared. Liability for the reasonable cost of final disposition falls "jointly and severally upon all kin of the decedent in the same degree of kinship and upon the estate" (Health and Safety Code 7100(d)). So when three adult children sign together, any of them can be asked to pay, and the estate is responsible too. A person charged with murder or voluntary manslaughter in connection with the death loses the right to control the arrangements while the charges stand (Health and Safety Code 7100(b)).

If there is an estate, the law ranks funeral expenses third among the debts it pays, after administration expenses and secured debts (Probate Code 11420), and the Probate Code treats the estate's liability for funeral expenses as a claim that can be presented in probate (Probate Code 9000(a)(3)).

Can funeral costs be recovered in the wrongful death claim?

Yes. CACI 3921, the instruction for the death of an adult, lists "funeral and burial expenses" among the economic damages, and CACI 3922 lists them for the death of a child. Among the authorities quoted under CACI 3921, the Judicial Council cites a decision noting that California law "has long allowed the recovery of funeral expenses" in wrongful death actions. Civil Code 1431.2(b)(1) also names "burial costs" as economic damages, which means that when several defendants are liable, each can be required to pay the full economic amount and seek contribution from the others.

The funeral bill is a documented number, so careful records matter. Our guide on what a family can recover in a wrongful death case lists the other items. A share of fault proven against the person who died reduces what is collected; see wrongful death when the person was partly at fault. So can limited insurance when the person responsible also died, as explained in claims when the at-fault person also died.

The wrongful death claim belongs to the family members listed in Code of Civil Procedure 377.60, and the court decides each person's share of an award (Code of Civil Procedure 377.61). Keep proof of who paid the funeral, so that it can be accounted for when the award or settlement is divided; see how a wrongful death settlement is divided.

How does the California Victim Compensation Board help?

The California Victim Compensation Board, CalVCB, reimburses crime-related expenses for victims and their families. For a death, the Government Code allows it to reimburse anyone who voluntarily pays, or takes on the obligation to pay, the funeral and burial expenses, up to $12,818 (Government Code 13957). CalVCB's own page for funeral providers states the same figure for the funeral, burial or memorial service, "after other available sources of payment have been applied." CalVCB describes itself as the payor of last resort: it pays only what insurance, public benefits, workers' compensation, restitution or a civil recovery do not.

The person responsible for paying for the funeral submits the application; CalVCB cannot accept one filed by a mortuary, funeral home or cemetery. CalVCB's page lists things it cannot pay, including alcoholic beverages, coroner's charges, finance or interest charges, a funeral or grave purchased in advance, and memorial services beyond those usual and customary in the person's culture. Applications are generally due within seven years of the crime (Government Code 13953). The total CalVCB can pay for one victim is $70,000, according to its page on what is covered.

In Sonoma County, the District Attorney's Victim Assistance Center has a Victim Compensation Unit that works with the office's victim advocates and the state program. The District Attorney's page notes that you do not need a lawyer to receive payments from the program. Our Sonoma County personal injury page lists other local offices families deal with after a death.

When does a car crash count as a crime for CalVCB?

Not every fatal crash qualifies. For the compensation program, an act involving a motor vehicle that causes injury or death counts as a crime only in listed situations, including when the driver was under the influence of alcohol or drugs, failed to stop at the scene, used the vehicle intentionally to cause harm, committed one of the listed forms of vehicular manslaughter, was fleeing the scene of a crime they took part in, or the crash happened while a peace officer was pursuing a fleeing suspect (Government Code 13955(e)(2)). A death caused by ordinary carelessness behind the wheel does not qualify, and the family looks to insurance and the wrongful death claim instead.

For crashes involving an impaired driver, see whether the bar or winery that served the driver can be sued. For a driver who fled, see hit-and-run crashes in Sonoma and Marin.

Does CalVCB have to be paid back from a settlement?

Yes, for the same losses. CalVCB is subrogated to the family's rights to the extent of what it paid, and it has a lien on any judgment, award or settlement for losses caused by the crime (Government Code 13963(a) and (b)). Notice of a lawsuit must be given to the board within 30 days of filing (Government Code 13963(e)), and no judgment or settlement may be paid out without first giving the board notice and a chance to satisfy its lien (Government Code 13963(d)). CalVCB's repayment page repeats the 30-day notice and says you will not have to repay more than you were compensated.

The statute also gives something back. If the family notified the board of the action before receiving any recovery, and a claim is filed within one year of the recovery, the board pays the family 25 percent of the amount of the recovery subject to its lien (Government Code 13963(b)). Our guide on what comes out of a settlement explains how liens are handled at the end of a case.

What changes the answer?

Whether a crime caused the death. CalVCB helps only after a qualifying crime, and for vehicle deaths only in the situations Government Code 13955(e)(2) lists.

A death at work. Workers' compensation pays reasonable burial expenses up to $10,000 for injuries on or after January 1, 2013 (Labor Code 4701), and a claim against someone other than the employer may also be possible; see workers' comp death benefits or a lawsuit.

A criminal conviction. The court must order restitution for the victim's economic losses (Penal Code 1202.4(f)), and any amount CalVCB paid for funeral or burial expenses is presumed to result from the crime and is included (Penal Code 1202.4(f)(4)). Restitution paid is credited against a later civil judgment in an action based on the felony (Code of Civil Procedure 340.3(e)).

A prepaid funeral plan. CalVCB cannot pay for a funeral or grave purchased in advance, according to its funeral provider page.

A public agency. If a city, county or the State may be responsible, a written claim, including the funeral costs, is due within six months (Government Code 911.2).

What could this look like? An example

For example, imagine a 58-year-old man killed in Cotati by a driver who was later arrested for driving under the influence. His wife arranges the funeral and signs a contract for $16,000, and she pays it from savings.

Because the driver was under the influence, the death counts as a crime for the compensation program. She applies to CalVCB through the District Attorney's victim services office, and after other sources are applied, CalVCB may reimburse up to $12,818. Months later, she and her adult children file a wrongful death lawsuit that includes the full $16,000 funeral cost as economic damages, and they notify CalVCB within 30 days of filing. When the case settles, CalVCB's lien for what it paid is satisfied from the settlement before the money is distributed, and because the family notified the board before any recovery, it can ask for the 25 percent share the statute allows. If the driver is convicted, the restitution order would include what CalVCB paid. This example is made up to show how the rules fit together; it says nothing about any real case.

What mistakes do families make?

Not keeping the itemized funeral statement and proof of who paid.
Assuming CalVCB will pay after any fatal crash, when vehicle deaths qualify only in listed situations.
Letting the funeral home file with CalVCB, which the program does not accept.
Filing a lawsuit without notifying CalVCB within 30 days after it paid part of the funeral.
Missing the six-month claim deadline when a city, county or the State may share responsibility.

What should we do this week?

Decide who will arrange the funeral, following the order in Health and Safety Code 7100.
Ask the funeral home for an itemized statement, and keep every receipt.
If a crime may be involved, contact the District Attorney's victim services office about a CalVCB application.
If the death happened at work, tell the employer and ask about the workers' compensation claim.
Get the coroner and crash report information; see what happens after a fatal crash in Sonoma County.
Use our list of what to gather in the first weeks after a death.
Mark the deadline; see how long a family has to file a wrongful death claim.

Frequently asked questions

Do we need a lawyer to apply to CalVCB?

No. The Sonoma County District Attorney's page on the program says a lawyer or other representative is not needed to receive payments, and victim advocates help with the application.

Can the funeral home apply to CalVCB for us?

No. CalVCB cannot accept applications filed directly by a mortuary, funeral home or cemetery; the person responsible for paying submits it.

How long do we have to apply to CalVCB?

Generally within seven years of the crime, with later dates in some situations, and the board may extend the time for good cause (Government Code 13953).

Does CalVCB pay coroner's charges?

No. Its funeral provider page lists coroner's charges among the expenses it cannot pay.

Are funeral costs recoverable if our loved one was retired?

Yes. Funeral and burial expenses do not depend on age or income (CACI 3921). See wrongful death of a retired parent.

Who decides if the adult children disagree about the funeral?

The law gives the decision to the majority of the surviving adult children when there is no surviving spouse or health care agent, with a rule for a smaller group that made reasonable efforts to notify the others and knows of no opposition (Health and Safety Code 7100(a)(3)).

Is the funeral cost reduced if our loved one was partly at fault?

A proven share of fault reduces the family's damages by that percentage (CACI 407), and funeral costs are part of those damages.

If your family is facing funeral bills after a death caused by someone else, contact Young Law Group today at (707) 343-0556 or through our contact page for a free and confidential consultation.

Who pays funeral costs after a wrongful death, and can they be recovered?