75-3-805. Classification of claims.
(1) If the applicable assets of the estate are insufficient to pay all claims in full, the
personal representative shall make payment in the following order:
(a) reasonable funeral expenses;
(b) costs and expenses of administration;
(c) debts and taxes with preference under federal law;
(d) reasonable and necessary medical and hospital expenses of the last illness of the
decedent, including compensation of persons attending him, and medical assistance if Section
26-19-13.5 applies;
(e) debts and taxes with preference under other laws of this state; and
(f) all other claims.
(2) No preference shall be given in the payment of any claim over any other claim of the
same class, and a claim due and payable shall not be entitled to a preference over claims not due.
Amended by Chapter 145, 1998 General Session
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Last revised: Thursday, May 28, 2009