(1) Upon the expiration of six (6) months from the date of his appointment, the personal
representative may proceed to pay the claims allowed against the estate in the order
of priority prescribed, after making appropriate provision for exemptions and allowances
provided by law, for claims already presented which have not yet been allowed and
for unbarred claims which may yet be presented, including costs and expenses of administration. By petition to the court in a proceeding for the purpose, 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 he 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) of this section 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
(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 his priority.
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