Who has to pay for the funeral?

Verified 01 January 2025 - Directorate for Legal and Administrative Information (Prime Minister)

In the event of the death of a loved one, check whether the deceased had a contract to cover funeral expenses. If not, they are your responsibility as heir. You can then claim a refund on the estate or other heirs. Various organizations may also reimburse all or part of the costs.

The following expenses constitute funeral expenses (non-exhaustive list):

  • Burial expenses and accompanying ceremony
  • Cremation expenses and accompanying ceremony
  • Obituary notice
  • Letters of invitation and thanks
  • Purchase and placement of a religious emblem on the grave
  • Acquisition of a concession in a cemetery
  • Construction, opening and closing of a vault
  • Cost of transportation of the body
  • Cost of erecting a funeral monument
  • Purchase costs of flowers and crowns.

Fees are paid at the time of the funeral.

Reimbursement of all or part of the costs may be obtained after the funeral in certain situations.

At the time of the funeral

Funerals are supposed to take place within 14 working days of death.

You must check whether the deceased had taken out an insurance policy for the payment of his funeral.

If this is the case, the person named in the contract receives a sum of money that makes it possible to pay all or part of the funeral.

There are several types of contracts, with different services:

Death Insurance Contract

It allows you to receive a principal if the contract subscriber (the deceased) has designated you as the beneficiary of the contract.

FYI  

A death insurance contract does not oblige the beneficiary to use the money received for the organization of the funeral.

Funeral insurance contract

This is a provident agreement which provides for the payment of a fixed amount of capital in return for the payment of premiums.

Depending on the contract, several methods of contributions are possible:

  • Single premium
  • Temporary premiums (depending on the chosen duration: 5 years, 10 years, etc.)
  • Life premiums, until the insured person dies.

FYI  

The funeral insurance contract is not life insurance. It's not not a savings product. Some contracts provide for the possibility of redemption. But the subscriber cannot recover all the contributions he has made.

For the purpose of funeral financing, the contract allows the payment of the subscribed capital to one of the following beneficiaries:

  • A person designated by the subscriber (the deceased)
  • A funeral business.

The funeral insurance contract provides for the payment of a principal, but it does not list the funeral benefits (ceremony, coffin...).

The beneficiary is obliged to use the paid-up capital to finance the funeral.

However, the amount paid does not necessarily cover the full cost of the funeral.

To check if the deceased had taken out a funeral insurance policy, you can use the following online service:

Request a search for a funeral insurance contract

If the deceased had taken out a funeral insurance policy, you must provide proof of funeral expenses to obtain a refund.

Funeral contract

It funds and organizes the funeral. It specifies the conditions of funerals (for example, funeral services) and their cost.

The services must be personalized according to the wishes of the subscriber of the contract.

This type of contract can also relieve the family of the deceased of certain steps and costs (religious service, announcement in the press, purchase of a concession, etc.), depending on the content of the contract.

FYI  

Guarantees of assistance may be provided for in the contract, for example the repatriation of the body of the deceased. They may be subject to conditions (e.g. death more than 50 km from the deceased's home).

As an heir (ascendant or descendant of the deceased), you have to pay the funeral costs, regardless of the existence or absence of emotional ties to the deceased.

As heir, even if you give up the estate, you must pay the funeral expenses of your ascendant or your descendant.

This duty is part of your maintenance obligation.

However, you are not required to pay your parent's funeral expenses if the parent has seriously failed to fulfill its obligations to you (for example, violence, family abandonment).

If you sign the contract with the funeral business, you pay the bill alone.

You then have recourse against the other heirs to make yourself repay.

FYI  

If you cover funeral expenses without being the heir of the deceased, you can ask to be reimbursed by the heirs.

If the family of the deceased does not have sufficient resources, the municipality of the place of death must cover the costs of funerals.

In this case, it is the city council that chooses the funeral home.

It's the mayor who assesses the lack of resources.

Who shall I contact

After the funeral

As a loved one of the deceased, you can obtain a refund of all or part of the funeral expenses.

You can ask the deceased's bank to deduct from their (payment) accounts all or part of the money you have advanced to pay the funeral costs.

This may be done up to €5,910 (and the amount available on the account).

You must present the settled invoice.

The levy is possible even if the person who paid the bill is not an heir (a cohabiting partner or a friend for example).

It is enough that it is the person closest to the deceased (we speak of person entitled to provide for the funeral).

Apportionment of costs between heirs

The funeral expenses are divided among the heirs, in proportion to the value of what each one collects in the estate.

If the estate does not allow for funeral expenses, these must be borne by the descendants, according to their resources. It's the application of their maintenance obligation in respect of the deceased.

You must agree among yourselves or before the notary, if the appeal is mandatory.

In the absence of an agreement, it's the JafJaf : Family Court Judge which sets the allocation.

You can attempt mediation before bringing the matter before the judge.

You can enter the JAF by request or by subpoena.

The request is possible when the amount of your request does not exceed €5,000.

In this case, you can explain your request on free paper, justifying your situation.

Send your request to the JAF of the court of your domicile by mail RARRAR : Recommended with notification of receipt.

Who shall I contact

Means of appeal

The heir who paid for the funeral has recourse against the other heirs to be reimbursed.

If the person who paid the bill is not an heir (such as a partner or a friend), the heirs can reimburse him.

In the absence of a friendly agreement, if you have paid the funeral bill, you can demand a refund.

You can choose one of the following:

  • Commissioner of Justice (former bailiff and judicial auctioneer) for a summons to pay or a small claims recovery procedure
  • Judicial Court.

You can find the coordinates of a Commissioner of Justice near your home on the website of the National Chamber of Commissioners of Justice:

You can to bring proceedings before the court by subpoena or by request.

The request is possible when the amount of your request does not exceed €5,000.

Who shall I contact

Deduction of funeral expenses

Funeral expenses may be deducted from the succession, up to €1,500.

If you pay a parent's funeral, you can deduct from your taxable income, if they are not deducted from the estate.

Please note

The costs of erecting a funeral monument and those of purchasing flowers and crowns cannot be deducted from the estate of the deceased or from the taxable income of the person who paid them.

Social Security Death Capital

The death capital of the general scheme is an allowance which is paid to the family of the deceased by the Social Security, on condition that he has been employed.

Less than 3 months before death, the deceased must have been in one of the following situations:

  • Employee
  • Unemployed person receiving benefits
  • Beneficiary of an accident at work or occupational disease pension (with an incapacity rate of at least 66,66 %)
  • Recipient of an invalidity pension.

You have to claim the death capital.

Demand for Death Capital - General Social Security Scheme

Death capital of an official

It's paid-in capital rights-holders of a deceased official.

The official was supposed to be active.

You must claim death capital from the employer's administration of the deceased official.

Reimbursement by Pension Insurance

Retirement (or survivor's) pensions paid by Pension Insurance are due until the end of the month in which the pensioner dies.

If Pension Insurance still owes the deceased money, you can claim a portion of the funeral expenses.

Be an heir or entitled is not necessary to get you refunded.

Reimbursement shall not exceed €2,286.74, within the limits of the sums due to the deceased.

To benefit from this, you must present the invoice funeral expenses and the death certificate.

FYI  

Funeral expenses are reimbursed in priority, before any payment to the estate of the deceased pensioner.

Death benefit from France Travail

Death benefit shall be paid the spouse (married, former or common-law partner) of a deceased job seeker.

If you are concerned, you must contact the agency France Travail (formerly Pôle emploi) on which the jobseeker depended.

Who shall I contact

Aid from complementary bodies

In some cases, you may be eligible for assistance to pay part of the funeral costs.

You must contact directly the organizations with which the deceased was affiliated:

  • Supplementary pension fund
  • Mutual, complementary health
  • Provident organization.

Depending on the cause or circumstances of death, funeral expenses can be reimbursed.

You must report the accident to the insurer within the time limit set out in the contract.

Traffic accident

Management depends on the situation:

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The person responsible for the accident is identified 

Compensation in the event of a traffic accident depends on the situation.

Insured persons are compensated by their own insurer in most cases. They benefit from agreements between insurers.

FYI  

You must report the accident to your insurer within the time limit set out in the contract.

This period may not be less than 5 working days.

If the person died in an accident, and if the liability of a third party is retained, you can obtain compensation from the person responsible.

The insurer must offer you a offer of compensation that you are free to accept or refuse.

If you refuse the insurer's proposal, you can go to court to to seek a remedy the harm you suffered as a result of the death.

Who shall I contact

The person responsible for the accident may be ordered to pay you damages.

This includes burial and burial expenses (such as the purchase of a concession or the restoration of an existing cellar).

The person responsible is not identified or not insured

You must request compensation from the compulsory insurance guarantee fund (FGAO).

Funeral expenses are included in the compensation.

You have a three-year period after the accident.

Who shall I contact

Accident at work

If the deceased was a member of the general scheme of Social security or to the MSAMSA : Agricultural social mutual society, you can request care.

The funeral expenses of the deceased victim shall be borne by the CPAMCPAM : Primary health insurance fund or the AMM, up to €1,963.

The CPAM or MSA also pays for the cost of transporting the body to the burial site (only in France), at the request of the family, in one of the following cases:

  • The death occurred during a business trip
  • The deceased had left his/her residence at the request of his/her employer in order to be hired (specifically, the employee would sign his/her employment contract at the request of his/her employer)

Depending on your situation, contact your CPAM or MSA.

Who shall I contact

If the deceased was employed, you can also benefit from provident guarantees.

Coverage is provided for by the collective agreements and agreements in the branch or profession to which the deceased employee was connected. The law does not provide for a minimum guarantee.

FYI  

Additional guarantees may be provided by the employer and cover the reimbursement of funeral expenses.

Criminal offense (violence, attack...)

Management depends on the situation:

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General case

When the death results in a police investigation or judicial inquiry before an investigating judge, as a relative of the victim, you can to be a civil party.

If the perpetrator(s) is/are convicted, you can obtain damages to compensate for your various damages.

In the event of the insolvency of the convicted person, you must contact the Service for the Assistance and Recovery of Victims of Crime (Sarvi).

Who shall I contact

This service forwards the application to the Guarantee Fund for Victims of Terrorism and Other Crimes (FGTI).

It may replace the defaulting convict up to €3,000.

Act of terrorism

The Guarantee Fund for Victims of Terrorism and Other Crimes (FGTI) compensate for the damage morals and economic costs of the loved ones of the deceased, such as funeral expenses.

You must contact the Crime Victim Recovery and Assistance Service (Sarvi).

Who shall I contact

If the deceased was a member of the general scheme of Social security or to the MSAMSA : Agricultural social mutual society, you can request care.

The funeral expenses of the deceased victim shall be borne by the CPAMCPAM : Primary health insurance fund or the AMM, up to €1,963.

The CPAM or MSA also pays for the cost of transporting the body to the burial site (only in France), at the request of the family, in one of the following cases:

  • The death occurred during a business trip
  • The deceased had left his/her residence at the request of his/her employer in order to be hired (specifically, the employee would sign his/her employment contract at the request of his/her employer)

Depending on your situation, contact your CPAM or MSA.

Who shall I contact

If the deceased was employed, you can also benefit from provident guarantees.

Coverage is provided for by the collective agreements and agreements in the branch or profession to which the deceased employee was connected. The law does not provide for a minimum guarantee.

FYI  

Additional guarantees may be provided by the employer and cover the reimbursement of funeral expenses.

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