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Statutes Text

Article - Estates and Trusts




§8–105.

    (a)    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)    (1)    A preference may not be given in the payment of a claim over another claim of the same class.

        (2)    A claim due and payable is not entitled to a preference over claims not yet due.