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) costs and expenses of administration, including attorney's fees, and reasonable funeral expenses;

   2. (2)

      1. (i) reasonable and necessary medical and hospital expenses of the last illness of the decedent, including compensation of persons attending the decedent;
      2. (ii) medical assistance paid under Title XIX State Plan for Medical Assistance as provided for in Section 43-7-460;
   3. (3) debts and taxes with preference under federal law;
   4. (4) debts and taxes with preference under other laws of this State, in the order of their priority;
   5. (5) all other claims.
2. (b) Except as is provided under subsection (a)(4) above, 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.

HISTORY: 1986 Act No. 539, Section 1; 1994 Act No. 481, Section 8.