1.    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:

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Terms Used In North Dakota Code 30.1-19-05

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Decedent: A deceased person.
  • following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49

a.    Costs and expenses of administration.

b.    Reasonable funeral expenses.

c.    Debts and taxes with preference under federal law.

d.    Reasonable and necessary medical and hospital expenses of the last illness of the decedent, including compensation of persons attending the decedent.

e.    The decedent’s child support obligations that were due and unpaid before death. f.    Debts and taxes with preference under other laws of this state.

g.    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.