Social Assistance; Applying for Coverage of Funeral Expenses

In Germany, burial is mandatory.

As a relative of the deceased, you are required to arrange for the burial in accordance with the order of priority established by law and to cover the associated costs. You may claim reimbursement of these costs from the heirs or other parties obligated to pay if you are not among those individuals.

The social services office will cover the necessary costs of a funeral if, as the person legally obligated to do so, you cannot reasonably be expected to bear these costs—particularly due to your financial circumstances (income and assets). In any case, the heirs are expected to use the estate to cover the funeral costs.

The necessary costs for a dignified, simple funeral in keeping with local customs, including all fees, will be covered. However, only those costs that directly serve the funeral (including the initial preparation of the grave) or are inseparably linked to the conduct of the funeral are covered. These include, in particular, the costs for:

• the postmortem examination
• transportation of the deceased
• a coffin of the simplest design with a pillow and blanket set
• dressing and placing the body in the coffin
• the municipality’s burial costs (This also includes grave fees for a simple row grave. This applies even if the deceased is buried in an existing family grave and this results in higher associated costs.); mortuary fees
• Simple floral arrangements or a coffin bouquet
• Initial preparation of the grave and initial planting
• a simple grave cross or a simple headstone (provided this is expressly required by the cemetery regulations)

Cremation is also an option instead of burial; in this case, the following additional costs will be covered to a reasonable extent:

• Costs for transporting the body to the crematorium
• Costs of cremation
• Urn
• Burial fees for a simple urn grave

The specific requirements of funerals for other religious denominations are respected. The costs associated with these religious requirements are covered to a reasonable extent.

Coverage of costs for services beyond these is not possible and must be denied by the social services office. In this case, the costs must be borne by the family. Costs that are not covered include, among others:

• an obituary, acknowledgments
• the funeral reception
• services provided by the funeral home, provided that the person responsible can reasonably be expected to cover them
• memorial cards
• ongoing grave maintenance
• mourning attire

Transportation costs may be covered if the specific circumstances of the individual case warrant it; this generally does not apply to transportation abroad.

Competent Social Services Office

If the deceased was a recipient of social assistance benefits, the social assistance agency that paid social assistance to the deceased during their lifetime is responsible.

In all other cases, the social services office in whose jurisdiction the place of death is located is responsible (this also applies if the deceased was receiving Unemployment Benefit II).

• You are required to pay the funeral expenses.
  The following are legally obligated:
  • those contractually obligated, e.g., under a retirement agreement or a notarized contract
  • Heirs
  • Fathers of children born out of wedlock in the event of the mother’s death as a result of pregnancy or childbirth, including the costs of the funeral for a stillborn child or a miscarriage
  • spouses, parents, and children of the deceased who are obligated to provide support
  • Persons obligated under public law to arrange a burial who have fulfilled a burial order in compliance with a public-law burial obligation under the Funeral Act. In the following order: spouses, children/adopted children, parents/adoptive parents, grandparents, grandchildren, siblings, nephews/nieces, first-degree in-laws
• The deceased did not leave behind sufficient estate assets.
• You are unable to cover the costs of the funeral from your own funds.
• The costs are reasonable under social welfare law.
• You are actually liable for the costs under a contract for services concluded with the funeral home or a benefit determination issued by the competent regulatory authority.

You must submit a written request for coverage of funeral expenses to the appropriate social assistance agency. They will usually provide you with the appropriate application form.  

If the responsible authority approves your application, payment will be made either to you or, with your express consent, directly to the funeral home.

You can submit the application before or after the funeral. If possible, discuss coverage of the costs with the appropriate authority in advance, since, as noted above, only necessary costs can be covered.

• The required documents are listed on the respective application form. Generally, the following documents and information are required:
• Documentation/Information Regarding the Deceased:
  
  • Death Certificate
  • Information/Documents Regarding Life/Term Life Insurance
  • Inventory of the estate with proof of assets
  • If available: will or inheritance contract
  • List of potential heirs and family members of the deceased (e.g., spouse; registered domestic partner; children; parents; grandchildren; grandparents).
• Documentation provided by the applicant:
  
  • If available: Certificate of inheritance or proof of renunciation of inheritance
  • Copies showing the type and amount of income for the last three months
  • Proof of financial circumstances
  • Proof of monthly expenses
  • Lease agreement and the landlord’s most recent rent increase notice (current rent amount)
  • If you are submitting the application after the funeral: Original invoice from the funeral home