Section 3-805 - Classification of claims1.Priority of claims. 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. Costs and expenses of administration; [2017, c. 402, Pt. A, §2(NEW); 2019, c. 417, Pt. B, §14(AFF).]B. Reasonable funeral expenses; [2017, c. 402, Pt. A, §2(NEW); 2019, c. 417, Pt. B, §14(AFF).]B-1. Homestead allowance; [2023, c. 4, §9(NEW).]B-2. Family allowance; [2023, c. 4, §10(NEW).]B-3. Exempt property; [2023, c. 4, §11(NEW).]C. Debts and taxes with preference under federal law; [2017, c. 402, Pt. A, §2(NEW); 2019, c. 417, Pt. B, §14(AFF).]D. Medicaid benefits recoverable under Title 22, section 14, subsection 2-I and reasonable and necessary medical and hospital expenses of the last illness of the decedent, including compensation of persons attending the decedent; [2017, c. 402, Pt. A, §2(NEW); 2019, c. 417, Pt. B, §14(AFF).]E. Debts and taxes with preference under other laws of this State; and [2017, c. 402, Pt. A, §2(NEW); 2019, c. 417, Pt. B, §14(AFF).]F. All other claims. [2017, c. 402, Pt. A, §2(NEW); 2019, c. 417, Pt. B, §14(AFF).] [2023, c. 4, §§9-11(AMD).]
2.No priority within class or for claims not due. Preference may not be given in the payment of any claim over any other claim of the same class, and a claim due and payable is not entitled to a preference over claims not due. [2017, c. 402, Pt. A, §2(NEW); 2019, c. 417, Pt. B, §14(AFF).]
Amended by 2023, c. 4,§ 11, eff. 3/13/2023.Amended by 2023, c. 4,§ 10, eff. 3/13/2023.Amended by 2023, c. 4,§ 9, eff. 3/13/2023.Amended by 2019, c. 417,§ B-14, eff. 6/20/2019.Added by 2018, c. 402,§ A-2, eff. 7/1/2019.