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Current through October 23, 2012
(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) Court costs, publication costs, and bond premiums;
(2) Funeral expenses, not exceeding $1,500;
(3) Fiduciary and attorney's fees, not exceeding $1,000;
(5) Exempt property pursuant to section 19-101.03;
(6) Reasonable and necessary medical and hospital expenses of the last illness of the decedent, including compensation of persons attending the decedent;
(7) Claims for rent in arrears for which an attachment might be levied by law;
(8) Judgment and decrees of courts in the District of Columbia; and
(9) All other just claims.
(b) No preference shall be given in the payment of any claim over any other claim of the same class, and a claim due and payable shall not be entitled to preference over claims not due.
(June 24, 1980, D.C. Law 3-72, § 101, 27 DCR 2155; Mar. 21, 1995, D.C. Law 10-241, § 3(ggg), 42 DCR 63; Mar. 24, 1998, D.C. Law 12-81, § 13(e), 45 DCR 745; Apr. 27, 2001, D.C. Law 13-292, § 902, 48 DCR 2087.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 13-292 rewrote the section which had read:
"(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) funeral expenses, not exceeding $1,500;
"(2) family allowance, not exceeding $10,000;
"(3) claims for rent in arrears for which an attachment might be levied by law;
"(4) judgments and decrees of courts in the District of Columbia; and
"(5) all other just claims.
"(b) No preference shall be given in the payment of any claim over any other claim of the same class. No preference shall be given to claims due and payable over claims not yet due."
Legislative History of Laws
For Law 13-292, see notes following § 20-351.
Miscellaneous Notes
For applicability of Law 13-292, see notes following § 20-351.
Prior Codifications
1981 Ed., § 20-906.
Legislative History of Laws
For legislative history of D.C. Law 3-72, see Historical and Statutory Notes following § 20-901.
For legislative history of D.C. Law 10-241, see Historical and Statutory Notes following § 20-905.
Law 12-81, the "Technical Amendments Act of 1998," was introduced in Council and assigned Bill No. 12-408, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on November 4, 1997, and December 4, 1997, respectively. Signed by the Mayor on December 22, 1997, it was assigned Act No. 12-246 and transmitted to both Houses of Congress for its review. D.C. Law 12-81 became effective on March 24, 1998.
Miscellaneous Notes
Application of Law 10-241: See Application of Law 10-241 and Emergency act amendment notes to § 20-905.
