Funeral Costs

The social welfare office reimburses necessary funeral costs if it is unreasonable for the person obligated to arrange the funeral to bear the costs (§ 74 SGB XII).

The goal is to ensure a simple but dignified funeral for the deceased person, even if the estate is insufficient to cover the funeral costs and the person obligated to arrange the funeral is indigent.

The prerequisite for covering funeral costs is not the neediness of the deceased person for social assistance. Rather, it depends on whether the person obligated to arrange the funeral is able to cover the costs. The claim for reimbursement of funeral costs against the social welfare agency is thus a unique type of claim: it is not the performance of the funeral itself that constitutes the need, but rather the relief of the obligated person from unreasonable costs.

Who is obligated to arrange the funeral?

Those who may be obligated to bear the costs include:

• Heirs

• Contractually obligated individuals

• Individuals obligated to provide maintenance

• Individuals obligated under the Burial Act of NRW

From this hierarchy, a person may have several grounds for obligation. Individuals who arrange the funeral without legal obligation (e.g., life partners, neighbors, friends, former caretakers) are not considered obligated within the meaning of the law.

What costs are recognized as needs?

The costs for a simple but dignified funeral are recognized as needs. These typically include the costs of the funeral service provider as well as the usage fee for the gravesite.

In the Oberbergischer Kreis, the average costs for a burial amount to approximately €2,180.00 plus transportation and grave usage fees, and for a cremation, €1,780.00 plus transportation and grave usage fees.

Where can I apply for funeral cost reimbursement?

If the deceased person received social assistance up until their death, contact the corresponding social welfare office.

If the deceased person did not receive social assistance up until their death, contact the social welfare office at the place of death.