Section 8-105 - Order of payment.
§ 8-105. Order of payment.
(a) Insufficient assets.- 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:
(1) Fees due to the register;
(2) Costs and expenses of administration;
(3) Funeral expenses as provided in § 8-106 of this subtitle;
(4) Compensation of personal representatives as provided in § 7-601 of this article, for legal services as provided in § 7-602 of this article, and commissions of licensed real estate brokers;
(5) Family allowance as provided in § 3-201 of this article;
(6) Taxes due by the decedent;
(7) Reasonable medical, hospital, and nursing expenses of the last illness of the decedent;
(8) Rent payable by the decedent for not more than three months in arrears;
(9) Wages, salaries, or commission for services performed for the decedent within three months prior to death of the decedent;
(10) Assistance paid under the Public Assistance to Adults Program, as provided in § 5-407(d) of the Human Services Article; and
(11) All other claims.
(b) Prohibition against preference.- A preference shall not be given in the payment of a claim over another claim of the same class. A claim due and payable is not entitled to a preference over claims not yet due.
[An. Code 1957, art. 93, § 8-105; 1974, ch. 11, § 2; 1988, ch. 563, § 5; 1989, ch. 5, § 1; 2007, ch. 8, § 1.]