(a) 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; (2) Reasonable funeral expenses; (3) Debts and taxes with preference under federal law; (4) Reasonable and necessary medical and hospital expenses of the last illness of the decedent, including compensation of persons attending the decedent and claims filed by the Department of Health and Human Services pursuant to section 68-919 ; (5) Debts and taxes with preference under other laws of this state; (6) All other claims. (b) No preference shall be given in the payment of any claim over any other claim of the same class, and a claim due and payable shall not be entitled to a preference over claims not due. (c) For purposes of this section and section 30-2485 , costs and expenses of administration includes expenses incurred in taking possession or control of estate assets and the management, protection, and preservation of the estate assets, expenses related to the sale of estate assets, and expenses in the day-to-day operation and continuation of business interests for the benefit of the estate.
Neb. Rev. Stat. § 30-2487
Payment of claims; order
Applied in 3 court decisions — leading case McCook National Bank v. Bennett (1995)
Most recently applied in In re Estate of Ryan (April 2019)
Laws 1974, LB 354, § 165, UPC § 3-805; Laws 1975, LB 481, § 17; Laws 1994, LB 1224, § 40; Laws 1996, LB 1044, § 90; Laws 2006, LB 1248, § 53; Laws 2007, LB296, § 49; Laws 2009, …
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Official source: Nebraska Legislature. Reproduced from public-domain Nebraska statutes; confirm against the official source for the current text. Not legal advice.