§ 30.1-19-07 — (3-807) Payment of claims

1. Upon the expiration of three months from the date of the first publication and mailing of
the notice to creditors, the personal representative shall proceed to pay the claims
allowed against the estate in the order of priority prescribed, after making provision for
homestead, family, and support allowances, for claims already presented which have
not yet been allowed or whose allowance has been appealed, and for unbarred claims
that may yet be presented, including costs and expenses of administration. By petition
to the court in a proceeding for the purpose, or by appropriate motion if the
administration is supervised, a claimant whose claim has been allowed but not paid as
provided herein may secure an order directing the personal representative to pay the
claim to the extent that funds of the estate are available for the payment.
2. The personal representative at any time may pay any just claim which has not been
barred, with or without formal presentation, but the personal representative is
personally liable to any other claimant whose claim is allowed and who is injured by
such payment if:
a. The payment was made before the expiration of the time limit stated in
subsection 1 and the personal representative failed to require the payee to give
adequate security for the refund of any of the payment necessary to pay other
claimants; or
b. The payment was made, due to the negligence or willful fault of the personal
representative, in such manner as to deprive the injured claimant of the injured
claimant's priority.