1. (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. (1) Court costs, publication costs, and bond premiums;
   2. (2) Funeral expenses, not exceeding $5,000;
   3. (3) Fiduciary and attorney’s fees, not exceeding $1,000;
   4. (4) The homestead allowance pursuant to section 19-101.02 and the family allowance pursuant to section 19-101.04;
   5. (5) Exempt property pursuant to section 19-101.03;
   6. (6) Reasonable and necessary medical and hospital expenses of the last illness of the decedent, including compensation of persons attending the decedent;
   7. (7) Claims for rent in arrears for which an attachment might be levied by law;
   8. (8) Judgment and decrees of courts in the District of Columbia; and
   9. (9) All other just claims.
2. (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.

Editor's Notes

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

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

History

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

Mar. 21, 2025, D.C. Law 25-302, § 4(t)

Effect of Amendments

“(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.”

“(5) all other just claims.

“(4) judgments and decrees of courts in the District of Columbia; and

“(3) claims for rent in arrears for which an attachment might be levied by law;

“(2) family allowance, not exceeding $10,000;

“(1) funeral expenses, not exceeding $1,500;

“(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:

D.C. Law 13-292 rewrote the section which had read:

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.