64.1-157 - Order in which debts of decedents to be paid.
§ 64.1-157. Order in which debts of decedents to be paid.
When the assets of the decedent in the hands of his personal representativeare not sufficient for the satisfaction of all demands against him, theyshall be applied in the following order to the payment of:
1. Costs and expenses of administration;
2. The allowances provided in Article 5.1 (§ 64.1-151.1 et seq.) of thischapter;
3. Funeral expenses not to exceed $3,500;
4. Debts and taxes with preference under federal law;
5. Medical and hospital expenses of the last illness of the decedent,including compensation of persons attending him not to exceed $400 for eachhospital and nursing home and $150 for each person furnishing services orgoods;
6. Debts and taxes due this Commonwealth;
7. Debts due as trustee for persons under disabilities, as receiver orcommissioner under decree of court of this Commonwealth, as personalrepresentative, guardian, conservator or committee, when the qualificationwas in this Commonwealth and for moneys collected by anyone to the credit ofanother and not paid over, regardless of whether or not a bond has beenexecuted for the faithful performance of the duties of the party socollecting such funds;
8. Debts and taxes due localities and municipal corporations of theCommonwealth;
9. All other claims.
No preference shall be given in the payment of any claim over any other claimof the same class, and a claim due and payable shall not be entitled to apreference over a claim not due.
(Code 1950, § 64-147; 1956, c. 231; 1966, c. 274; 1968, c. 656; 1972, c. 96;1981, c. 580; 1986, c. 109; 1993, c. 259; 1996, c. 84; 1997, c. 801; 2007, c.735; 2008, cc. 666, 817.)