The Ohio Court of Appeal decided the case of In re Estate of Kathy M. Campbell on April 5, 2013 (2013 WL 1385635) dealing with the issue of whether a funeral luncheon qualified as a funeral expense under Ohio law. The Court indicated it was considering this issue for the first time in the State of Ohio.

  The facts indicated that Lorie Davis, the Executrix of the Estate and two of her siblings (Davis) held and paid for a luncheon following the funeral ceremony for Campbell. When Campbell’s will was filed with the Probate Court and the Estate was established Davis filed a claim for reimbursement for the $1,800 cost of the luncheon. Campbell’s husband, who had married Campbell after her will was executed, challenged the claim.

  The Probate Court conducted a hearing on this issue and some other issues not relevant to this article. Following the hearing, the Probate Court held that the expenses incurred as a result of the funeral luncheon did not qualify as ordinary “funeral expenses” under Ohio law and, thus, were not payable by the estate.

  The Court of Appeals reversed the Probate Court and remanded the case back to the Probate Court to determine if the luncheon expenses were reasonable. The Court of Appeals indicated the following three reasons for the reversal:

  First, while the term “funeral expenses” was not specifically defined in the Ohio probate law it is broadly defined in Black’s Law Dictionary to encompass the entire funeral process.

  Second, the language of the statutory provision supports the assertion that funeral expenses encompasses more than the simple funeral ceremony, such as the reasonable expenditure for a headstone and funeral flowers. Therefore the Court of Appeals concluded a funeral luncheon is an example of an additional expense.

  Third, treating the funeral luncheon as a funeral expense is consistent with the reality that the funeral luncheon is a custom that has been widely observed historically in connection with the funeral ceremony.

  While this decision deals with Ohio law it is the author’s view that the Ohio law is similar to the laws in most states. The implications of this decision are not completely clear but it is possible that the funeral luncheons in those states where funeral providers are not restricted by outdated laws may now become an integral part of the funeral ceremony.