Order for Payment; Payment by Classes; Proration;

15 GCA § 2731 — under Accounting and Payment of Debts.

15 GCA § 2731

Discharge of Personal Representative on Exhaustion of Estate. Upon the settlement of any account of the personal representative after the time to file or present claims has expired, the Superior Court shall order the payment of the debts, as the circumstances of the estate permit. If there

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are not sufficient funds to pay all of the debts, the decree shall specify the sum to be paid to each creditor. No creditor of any one class shall receive any payment until all those of a preferred class are fully paid; and if the estate is insufficient to pay all the debts of any one class, each creditor of that class must be paid a dividend in proportion to his claim. If the property of the estate is exhausted by the payment ordered, such account shall constitute a final account, and the personal representative shall be entitled to his discharge on proof that he has complied with the decree. SOURCE: California Probate Code, § 952 (as amended).