Delaware § 2105 Order of preference of claims against estate

Delaware Statutes

§ 2105 — Order of preference of claims against estate

Delaware·Title 12·Part Administration of Decedents’ Estates·Ch. 21 DEBTS OF AND CLAIMS AGAINST ESTATE

(a)Executors and administrators after payment of all administration expenses, fees and commissions shall pay claims against the decedent in the following order:

(1)Surviving spouse’s allowance as provided in § 2308 of this title;

(2)Funeral expenses;

(3)Child support arrears or retroactive support due as of the date of the decedent’s death;

(4)The reasonable bills for medicine and medical attendance during the last sickness and for nursing and necessaries for the last sickness of the decedent;

(5)Wages of servants and laborers employed in household affairs or in the cultivation of a farm; but no servant or laborer shall be allowed this preference for more than 1 year’s wages;

(6)Taxes imposed by the State;

(7)Rent for not exceeding 1 year; and this, at the election of the pa

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(a) Executors and administrators after payment of all administration expenses, fees and commissions shall pay claims against the decedent in the following order:

(1) Surviving spouse’s allowance as provided in § 2308 of this title;

(2) Funeral expenses;

(3) Child support arrears or retroactive support due as of the date of the decedent’s death;

(4) The reasonable bills for medicine and medical attendance during the last sickness and for nursing and necessaries for the last sickness of the decedent;

(5) Wages of servants and laborers employed in household affairs or in the cultivation of a farm; but no servant or laborer shall be allowed this preference for more than 1 year’s wages;

(6) Taxes imposed by the State;

(7) Rent for not exceeding 1 year; and this, at the election of the party entitled, may be of rent in arrear or rent growing due;

(8) Judgments against the decedent, which shall include judgments before justices of the peace and decrees of a court of equity against the decedent for the payment of money;

(9) Recognizances, mortgages and other obligations of record, for the payment of money;

(10) Obligations and contracts under seal;

(11) Contracts under hand for the payment of money, or delivery of goods, wares or merchandise;

(12) Other demands.

(b) No preference shall be given in the payment of any claims over any other claims of the same class, and a claim due and payable shall not be entitled to a preference over claims not due.

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Legislative History

Code 1852, §§ 1819-1828; 12 Del. Laws, c. 13, § 1 ; Code 1915, § 3372; 28 Del. Laws, c. 226, § 1 ; Code 1935, § 3837; 41 Del. Laws, c. 191, § 4 ; 12 Del. C. 1953, § 2105; 50 Del. Laws, c. 425, § 1 ; 59 Del. Laws, c. 384, § 1 ; 70 Del Laws, c. 186,, § 1; 70 Del. Laws, c. 288, § 6