Funeral costs

If the costs of burying a relative are too high for you, you can apply to the Saarpfalz-Kreis Social Welfare Office to have the costs covered in accordance with § 74 SGB XII. The costs can be covered in full or in part. The entitlement depends on the individual income and asset situation of the applicant.

The benefit is paid on application. The application documents will be sent to you on request.

Estate (inheritance)

The deceased's estate and pension agreements must be used primarily for the funeral. Only if this is not sufficient can the social welfare office provide financial support.

The estate is to be used primarily to cover the funeral costs. As part of your obligation to co-operate, you must therefore also submit documents and provide information in this regard, insofar as this is actually or legally possible for you. A declaration from you is required in any case!

Burial obligation

The order in which burial obligations apply is set out in the Saarland Burial Act.
Check whether you are obliged or whether another person must arrange the burial before you:
According to Section 23, the following persons are obliged to provide burial in the order stated:

1. wife or husband
2 Partner in a registered partnership
3. Children
4. Parents
5. Siblings or half-siblings
6. Grandparents
7. Grandchildren
8. Partner in a long-term non-marital partnership (marriage-like partnership)

In cases where the person (primarily) responsible for the funeral does not fulfil their obligation, cannot be found or no one is responsible for the funeral, the local police authority must be notified. The latter will then organise the funeral.
If you order the funeral without obligation (the order of § 23 Saarl. BestattG must be observed) out of moral or friendly feeling, there is no entitlement to payment of the costs.

Obligation to bear costs

If you have commissioned the funeral, you are not automatically entitled to receive benefits towards the funeral costs. There may be so-called equalisation claims against other persons on whom the law imposes the obligation to bear the costs (as a priority). Only the person who ultimately bears this cost burden can receive benefits.

The obligated parties include:

• Contractually obligated parties
• the heirs according to the BGB
• the persons liable to pay maintenance in accordance with the provisions of the German Civil Code (this includes the spouse, children, parents, siblings and, if applicable, the respective spouses and life partners)
• in the event of the death of the mother of a child born out of wedlock as a result of pregnancy or childbirth, its father pursuant to Sections 1615, 1615n BGB)
• the person who has to bear the funeral costs on the basis of a legal transaction because they arranged the funeral in fulfilment of Section 23 of the German Funeral Act (BestattG)

However, anyone who has made a contractual commitment to the deceased to pay (bear) the funeral costs is generally not entitled to have the costs paid by the social welfare office (entitlement to benefits in accordance with § 74 SGB XII), e.g. if a consideration has been agreed or in the case of a precautionary contract beyond death.

The determination and identification of the legal heirs is essential for the benefit decision. Heirs are in order:

1. the spouse and the children of the deceased or, in the case of deceased children, their children.
2. the parents of the deceased
3. the siblings or half-siblings of the deceased

If there are no heirs of this rank, the further ranking of the heirs is based on the other provisions of the German Civil Code (BGB).
If there are several heirs, the entitlement to benefits is divided according to the statutory inheritance quota. If there are no heirs or all heirs have renounced the inheritance, the social welfare office must check whether there is an obligation to pay costs under maintenance law.

If heirs and dependants pass away, the obligation to bear the costs is transferred to those of legal age who are liable for the funeral in accordance with the Saarland Funeral Act. The order of priority has already been mentioned above. If there are several persons liable for the funeral with the same rank, e.g. several children or several siblings, the costs are divided equally.

In the case of parties with equal obligations to pay the funeral costs, the party who arranged the funeral has a claim for compensation against the other obligated parties in accordance with Section 426 BGB. Each joint and several debtor is liable in the external relationship for the entire debt obligation in accordance with Section 426 (1) sentence 2 BGB.

Required costs

It is important that you inform the funeral parlour before placing the order that you wish to apply to the Saarpfalz district for reimbursement of funeral costs. In the case of a so-called social burial, only the prices for a simple but dignified burial that correspond to the local circumstances will be taken into account. For this purpose, the undertakers' associations have agreed special cost regulations with the social welfare offices in Saarland. The agreement on the remuneration rates for so-called social burials specifies which services the undertaker can provide and the amount he can charge for them so that these costs can be taken into account as necessary costs without restrictions within the framework of Section 74 SGB XII. The wishes of the deceased or their relatives regarding the type and location of the funeral can be recognised to a reasonable extent.

Necessary costs are the costs for a burial or cremation of a simple but dignified nature in accordance with local conditions. Costs for special rights of use (e.g. elective, family or lawn grave), costs for obituaries and funeral services as well as ongoing grave maintenance cannot be covered.

The necessary costs are generally taken into account:

1. expenses for post-mortem examinations
2. Transport of the body including pallbearers
3. Official acts
4. A simple coffin or urn
5. Washing, dressing and coffining of the body
6. Simple flower arrangements
7. Mortuary and burial fees

This does not include the costs of a death notice, the funeral reception or thank-you cards. Nor does it include the costs of ongoing grave maintenance. The costs of religious services (e.g. funeral fees, ritual ablutions) as well as speakers and organist costs can be recognised in accordance with the applicable cost agreement.