Did the deceased person have to be in need?
No – and this is the most common misunderstanding about this benefit. § 74 SGB XII depends solely on whether “the persons obliged to bear them cannot reasonably be expected to do so”. What is assessed, then, is your financial situation as the person who has to bear the costs. Two things follow from this: even someone who never previously had any dealings with the Sozialamt and receives no other social benefits can be entitled if the funeral costs exceed their own means. And conversely, it does not help that the deceased person was destitute if the persons obliged can bear the costs. However, any existing estate, including funeral insurance, must be used first.
Does renouncing the inheritance release me from the funeral costs?
Not automatically, and this misconception is costly. Two obligations must be distinguished: the duty to arrange the funeral arises from the funeral act of your federal state and determines who has to arrange the funeral – it is linked to being a relative and exists regardless of whether you become an heir. The duty to bear the costs follows separately from the law of succession: under § 1968 BGB, the heir bears the funeral costs. Anyone who renounces ceases to be an heir – but whether this also removes the duty to bear the costs depends on the specific circumstances and on state law and cannot be answered in general terms. Since the renunciation deadline is short, get advice during this time instead of deciding on a guess.
What does “necessary costs” mean?
A simple, locally customary and dignified funeral – not the one you would wish for yourself. This generally includes the coffin or urn, the transfer, the grave plot of locally customary size, the funeral fees and a simple funeral service. Generally not included are elaborate arrangements, a special headstone, a freely chosen funeral speaker, obituary notices of a larger scope, or a funeral reception. What exactly counts as necessary depends on local circumstances, which is why no nationwide sum can be given here – ask the Sozialamt for the local values and have the cost estimate itemised by individual item.
When do I have to submit the application?
As early as possible, ideally before you commission the funeral director. The reason is the assessment of necessity: anyone who first commissions a more elaborate funeral and only then asks is regularly reimbursed only for the simple scope and bears the difference themselves. In practice this is not always easy, because the states' funeral deadlines are short and decisions are made under time pressure. Contact the Sozialamt immediately and informally – a phone call is sufficient to begin with –, say that you wish to submit an application under § 74 SGB XII, and ask to be told what scope is eligible for cover. This information obtained before commissioning is worth more than any later justification.
Who is actually obliged?
Two different sets of rules determine this. The duty to arrange the funeral arises from the funeral act of the respective federal state, which sets out an order of close relatives – typically spouses or civil partners, then children, parents, siblings. This order and the details differ from state to state, which is why you should look at the act of your own state. The duty to bear the costs follows separately from the law of succession (§ 1968 BGB) and can also follow from maintenance law. Where there are several persons obliged, the Sozialamt assesses each person's ability to pay separately. Coordinate within the family before several people submit applications independently of one another – this regularly leads to contradictory information.
What happens if no one arranges the funeral?
Then the public order authority acts of its own motion: it has the funeral carried out, because under state law it must take place within certain deadlines. However, this is not a cost-free way out – the authority subsequently claims the costs from the persons obliged to arrange the funeral, often on less favourable terms than with a simple funeral commissioned by yourself, because administrative costs are also added. Anyone who cannot afford the funeral is therefore better off with a timely application under § 74 SGB XII than with inaction. Contact the Sozialamt, even if you fear you do not “deserve” the application – only reasonableness is assessed.
What about funeral insurance?
It must be used first and reduces the cover accordingly – this follows from the subsidiarity of social assistance. Declare it in the application, together with any credit balances from the estate, pre-arrangement contracts with a funeral director, or an existing right to use the grave. Disclosing this openly is not a disadvantage: items concealed lead later to recovery of overpayments, which are then directed against you personally – often months later, when the money has long since been spent. If the insurance benefit is lower than the necessary costs, cover of the difference can still be considered; the word “insofar as” in the text of the law expressly allows a partial cover.
What do I do if the application is refused?
Request the written notice with a statement of reasons – in particular as to why you are expected to bear the costs – and lodge an objection within one month. This is exactly the point where the statement of reasons comes in: set out your financial situation specifically, with ongoing obligations, your own debts, maintenance obligations and special burdens. Also check whether the authority is proceeding from an incorrect basis for your obligation – for example, treating you as an heir even though you have renounced the inheritance. Free support is offered by social associations and social advice centres; with a low income, Beratungshilfe (advisory assistance for people on low incomes) with a personal contribution of €15.00 may be considered.
