75-3-807 - Payment of claims.
75-3-807. Payment of claims.
(1) Upon the expiration of the earliest of the time limitations provided in Section75-3-803 for the presentation of claims, the personal representative shall proceed to pay theclaims allowed against the estate in the order of priority prescribed, after making provision forhomestead, family, and support allowances, for claims already presented which have not yet beenallowed or whose allowance has been appealed, and for unbarred claims which may yet bepresented, including costs and expenses of administration. By petition to the court in aproceeding for the purpose, or by appropriate motion if the administration is supervised, aclaimant whose claim has been allowed but not paid as provided in this section may secure anorder directing the personal representative to pay the claim to the extent that funds of the estateare available for the payment.
(2) The personal representative at any time may pay any just claim that has not beenbarred, with or without formal presentation, but he is personally liable to any other claimantwhose 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 refundof any of the payment necessary to pay other claimants; or
(b) the payment was made, due to the negligence or willful fault of the personalrepresentative, in such manner as to deprive the injured claimant of his priority.
Amended by Chapter 179, 1992 General Session