Sec. 9. (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.
Structure Indiana Code
Chapter 14. Claims Against the Estate
29-1-14-0.1. Application of Certain Amendments to Chapter
29-1-14-1. Limitations; Filing; Claims Barred or Not; Liens; Tort Claims
29-1-14-2. Actions; Definite Statement; Personal Representative Actions; Deductions From Claims
29-1-14-3. Future Claims; Payment; Bonds
29-1-14-4. Actions; Joint Contracts and Judgment
29-1-14-5. Joint Contracts and Judgments Deemed Joint and Several
29-1-14-6. Secured Claims, Allowance, and Payment
29-1-14-7. Contingent Claims; Payment; Bond of Distributee
29-1-14-8. Contingent Claims; Liability of Distributees; Contribution
29-1-14-9. Classification of Claims; Preferences
29-1-14-10. Allowance; Disallowance; Expenses of Administration
29-1-14-11. Inquiry Into Correctness; Liability on Bond
29-1-14-12. Trial; Pleading; Dismissal
29-1-14-13. Trial of Claims; Judgment; Set-Off or Counterclaim
29-1-14-14. Petitions; Defend Claims; Objections to Payment
29-1-14-15. Execution; Final Process; Payment; Mortgages, Pledges, or Liens; Enforcement
29-1-14-16. Liens and Mortgages, Enforcement; Sale of Real Estate; Exception
29-1-14-17. Personal Representative Claims
29-1-14-18. Compromise of Claims
29-1-14-19. Payment of Claims; Bond or Security of Creditor; Report of Insolvency
29-1-14-20. Mortgage; Pledge; Lien; Payment; Renewal; Extension