§ 29-1-14-9 — Classification of claims; preferences

Indiana § 29-1-14-9

• Jurisdiction: Indiana
• Art. 1: PROBATE CODE
• Ch. 14: Claims Against the Estate

Text

(a) All claims shall be classified in one (1) of
the following classes. 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) Costs and expenses of administration, except funeral
expenses, expenses of a tombstone, and expenses incurred in the
disposition of the decedent's body.
(2) Reasonable funeral expenses, expenses of a tombstone, and
expenses incurred in the disposition of the decedent's body.
However, in any estate in which the decedent was a recipient of
public assistance under IC 12-1-1 through IC 12-1-12 (before its
repeal) or any of the following, the amount of funeral expenses
having priority over any claim for the recovery of public
assistance shall not exceed the limitations provided for under IC 12-14-6, IC 12-14-17, and IC 12-14-21:
TANF assistance.
TANF burials.
TANF IMPACT/J.O.B.S.
Temporary Assistance to Other Needy Families (TAONF)
assistance.
ARCH.
Blind relief.
Child care.
Child welfare adoption assistance.
Child welfare adoption opportunities.
Child welfare assistance.
Child welfare child care improvement.
Child welfare child abuse.
Child welfare child abuse and neglect prevention.
Child welfare children's victim advocacy program.
Child welfare foster care assistance.
Child welfare independent living.
Child welfare medical assistance to wards.
Child welfare program review action group (PRAG).
Child welfare special needs adoption.
Food Stamp administration.
Health care for indigent (HCI).
ICES.
IMPACT (food stamps).
Title IV-D (ISETS or a successor statewide automated support
enforcement system).
Title IV-D child support administration.
Title IV-D child support enforcement (parent locator).
Medicaid assistance.
Medical services for inmates and patients (590).
Room and board assistance (RBA).
Refugee social service.
Refugee resettlement.
Repatriated citizens.
SSI burials and disabled examinations.
Title XIX certification.
(3) Allowances made under IC 29-1-4-1.
(4) All debts and taxes having preference under the laws of the
United States.
(5) Reasonable and necessary medical expenses of the last
sickness of the decedent, including compensation of persons
attending the decedent.
(6) All debts and taxes having preference under the laws of this
state; but no personal representative shall be required to pay any
taxes on any property of the decedent unless such taxes are due
and payable before possession thereof is delivered by the personal
representative pursuant to the provisions of IC 29-1.
(7) All other claims allowed.
(b) No preference shall be given in the payment of any claim over
any other claim of the same class, nor shall a claim due and payable be
entitled to a preference over claims not due.
Formerly: Acts 1953, c.112, s.1409; Acts 1955, c.258, s.5; Acts
1965, c.371, s.1; Acts 1975, P.L.288, SEC.23. As amended by Acts
1976, P.L.125, SEC.6; Acts 1979, P.L.268, SEC.5; P.L.2-1992,
SEC.788; P.L.161-2007, SEC.39; P.L.149-2012, SEC.8; P.L.99-2013,
SEC.6; P.L.81-2015, SEC.17.