75-3-807. Payment of claims.
(1) Upon the expiration of the earliest of the time limitations provided in Section
75-3-803 for the presentation of claims, the personal representative shall proceed to pay the
claims allowed against the estate in the order of priority prescribed, after making provision for
homestead, family, and support allowances, for claims already presented which have not yet been
allowed or whose allowance has been appealed, and for unbarred claims which may yet be
presented, including costs and expenses of administration. By petition to the court in a
proceeding for the purpose, or by appropriate motion if the administration is supervised, a
claimant whose claim has been allowed but not paid as provided in this section may secure an
order directing the personal representative to pay the claim to the extent that funds of the estate
are available for the payment.
(2) The personal representative at any time may pay any just claim that has not been
barred, with or without formal presentation, but he is personally liable to any other claimant
whose claim is allowed and who is injured by such payment if:
(a) the payment was made before the expiration of the time limit stated in Subsection (1)
and the personal representative failed to require the payee to give adequate security for the refund
of any of the payment necessary to pay other claimants; or
(b) the payment was made, due to the negligence or willful fault of the personal
representative, in such manner as to deprive the injured claimant of his priority.
Amended by Chapter 179, 1992 General Session
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Last revised: Thursday, May 28, 2009