Übernahme der Bestattungskosten beantragen (Sozialhilfe)

Zwölftes Buch Sozialgesetzbuch (SGB XII)

• § 8 Leistungen
• § 74 Bestattungskosten
• § 31 Abs. 1 in Verbindung mit § 21 Abs. 1 Nr. 1 und Abs. 3 Bestattungsgesetz (Bestattungspflichtige)

If someone dies and needs to be buried, you as a relative must organise the funeral and bear the costs incurred for the time being.

The following are obliged to bear the funeral costs in turn

• the person contractually obliged (e.g. in the case of a funeral provision agreement)
• the heir/heiress and, in the case of a community of heirs, each co-heir/co-heiress
• Persons obliged to pay maintenance
• persons liable for burial in accordance with the burial law of the respective federal state or, if there is no such law, in accordance with the provisions of the German Civil Code.

If you have arranged the funeral without being obliged to do so, you have a claim for compensation against the person(s) obliged to pay.

It is advisable to seek advice from the social welfare office before ordering a funeral.

Proof of the deceased person:

• Death certificate
• Funeral care contract
• List and valuation of the estate with proof of assets, in particular
  • complete current account statements for the last three months
  • Savings books
  • Financial investments
  • Residential property
  • Sum insured of life insurance policies
  • Current value of the motor vehicle
  • Building society savings and similar
• if available: Will or contract of inheritance
• List of possible heirs and family members of the deceased person:
  • Wife or husband
  • Children
  • Parents
  • Siblings
  • Grandchildren
  • Grandparents
  • Partners in a marriage-like relationship
  • registered life partners
  • other heirs

Proof from the applicant:

• Certificate of inheritance or proof of inheritance
• Copies of the type and amount of income for the last three months
• Details of other relatives of the deceased person (e.g. heirs living in the household and relatives of the deceased person)
• Proof of financial circumstances
• Proof of monthly charges
• Tenancy agreement and last declaration of rent increase from the landlord or landlady (current rent amount)
• if you are submitting the application after the funeral: Original invoice from the funeral parlour

• You are obliged to pay the funeral costs.
• The deceased person has not left a sufficient estate.
• You cannot bear the costs of the funeral from your own resources.
• The costs are reasonable under social welfare law.

Only the costs of a simple but dignified burial or cremation are taken into account. This includes, for example, the cost of the coffin or urn, a mortuary and grave fees as well as the cost of laying out the grave.

Costs for ongoing grave maintenance and mourning clothes are not included.

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You must apply in writing to the relevant office for the funeral costs to be covered.

You can also obtain advice and complete the application there.

The responsible office will check with the person responsible for the funeral whether the costs of the funeral cannot be covered from their own income and assets. Any available estate must be used to cover the funeral costs.

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

You can submit the application before or after the funeral. If possible, discuss the assumption of costs with the responsible organisation beforehand.

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You can lodge an appeal against the decision of the social welfare office within one month of notification of the decision.