Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Current as of April 27, 2021 | Updated by FindLaw Staff
(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:
(a) costs and expenses of administration;
(b) reasonable funeral expenses and reasonable and necessary medical and hospital expenses of the last illness of the decedent, including compensation of persons attending the decedent;
(c) federal estate and Montana state estate taxes;
(d) debt for a current support obligation and past-due support for the decedent's children pursuant to a support order as defined in 40-5-201;
(e) debts with preference under federal and Montana law;
(f) other federal and Montana state taxes;
(g) all other claims.
(2) A preference may not be given in the payment of any claim over any other claim of the same class, and a claim due and payable may not be entitled to a preference over claims not due.
Cite this article: FindLaw.com - Montana Title 72. Estates, Trusts, and Fiduciary Relationships § 72-3-807. Classification of claims as to priority of payment - last updated April 27, 2021 | https://codes.findlaw.com/mt/title-72-estates-trusts-and-fiduciary-relationships/mt-code-ann-sect-72-3-807/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)