Classification of claims.

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  • (1) If the applicable assets of the deceased settlor's estate or trust estate are insufficient to pay all claims in full, the trustee shall make payment in the following order:
    • (a) reasonable funeral expenses;
    • (b) costs and expenses of administration;
    • (c) debts and taxes with preference under federal law;
    • (d) reasonable and necessary medical and hospital expenses of the last illness of the deceased settlor, including compensation of persons attending the deceased settlor, and medical assistance if Section 26-19-405 applies;
    • (e) debts and taxes with preference under other laws of this state; and
    • (f) all other claims.
  • (2) 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 a preference over claims not due.




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