Order of payment

1. Law
2. District of Columbia Code
3. Probate and Administration of Decedents’ Estates. [Enacted title]
4. Claims
5. Order of payment

(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;

(4) The homestead allowance pursuant to section 19-101.02 and the family allowance pursuant to section 19-101.04;

(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.)

Prior Codifications

1981 Ed., § 20-906.

Section References

This section is referenced in § 19-101.02, § 19-101.03, § 19-101.04, § 20-353, § 20-741, and § 20-909.

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.”

Editor's Notes

Application of Law 10-241: See Application of Law 10-241 and Emergency act amendment notes to § 20-905.

For applicability of Law 13-292, see notes following § 20-351.

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