Sec. 355.108. PAYMENT WHEN ASSETS INSUFFICIENT TO PAY CLAIMS OF SAME CLASS. (a) If there are insufficient assets to pay all claims of the same class, other than secured claims for money, the claims in that class shall be paid pro rata, as directed by the court, and in the order directed.
(b) A personal representative may not be allowed to pay a claim under Subsection (a) other than with the pro rata amount of the estate funds that have come into the representative's possession, regardless of whether the estate is solvent or insolvent.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
Structure Texas Statutes
Title 2 - Estates of Decedents; Durable Powers of Attorney
Subtitle H - Continuation of Administration
Chapter 355 - Presentment and Payment of Claims
Subchapter C. Payment of Claims, Allowances, and Expenses
Section 355.101. Approval or Establishment of Claim Required for Payment
Section 355.102. Claims Classification; Priority of Payment
Section 355.103. Priority of Certain Payments
Section 355.104. Payment of Proceeds From Sale of Property Securing Debt
Section 355.105. Claimant's Petition for Allowance and Payment of Claim
Section 355.106. Order for Payment of Claim Obtained by Personal Representative
Section 355.107. Order for Payment of Claim Obtained by Creditor
Section 355.108. Payment When Assets Insufficient to Pay Claims of Same Class
Section 355.109. Abatement of Bequests
Section 355.110. Allocation of Funeral Expenses
Section 355.111. Payment of Court Costs Relating to Claim
Section 355.112. Joint Obligation for Payment of Certain Debts