After approval of an annual account as provided by Section 359.052, if it appears to the court from the account or other evidence that the funds on hand are not sufficient to pay every character of claims against the estate or if the estate is insolvent and the personal representative has any funds on hand, the court shall order the funds to be applied:

1. (1) first to the payment of any unpaid claims having a preference in the order of their priority; and

2. (2) then to the pro rata payment of the other claims allowed and approved or established by final judgment, considering:

   1. (A) claims that were presented before the first anniversary of the date administration was granted; and
   2. (B) claims that are in litigation or on which a lawsuit may be filed.

Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.