3B:22-2 Order of priority of claims when assets insufficient.
3B:22-2. 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:
a.Reasonable funeral expenses;
b.Costs and expenses of administration;
c.Debts for the reasonable value of services rendered to the decedent by the Office of the Public Guardian for Elderly Adults;
d.Debts and taxes with preference under federal law or the laws of this State;
e.Reasonable medical and hospital expenses of the last illness of the decedent, including compensation of persons attending him;
f.Judgments entered against the decedent according to the priorities of their entries respectively;
g.All other claims.
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. The commencement of an action against the personal representative for the recovery of a debt or claim or the entry of a judgment thereon against the personal representative shall not entitle such debt or claim to preference over others of the same class.
Amended 1989, c.248, s.8; 2004, c.132, s.82; 2005, c.304, s.47.
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Last modified: October 11, 2016