§ 3392. Classification and order of payment.
If the applicable assets of the estate are insufficient to pay all proper charges
and claims in full, the personal representative, subject to any preference given by
law to claims due the United States, shall pay them in the following order, without
priority as between claims of the same class:
(1) The costs of administration.
(2) The family exemption.
(3) The costs of the decedent's funeral and burial, and the costs of medicines furnished
to him within six months of his death, of medical or nursing services performed for
him within that time, of hospital services including maintenance provided him within
that time, of services provided under the medical assistance program provided within
that time and of services performed for him by any of his employees within that time.
(4) The cost of a gravemarker.
(5) Rents for the occupancy of the decedent's residence for six months immediately prior
to his death.
(5.1) Claims by the Commonwealth and the political subdivisions of the Commonwealth.
(6) All other claims.
(Feb. 21, 2006, P.L.45, No.17, eff. imd.)
Cross References. Section 3392 is referred to in section 7755 of this title.
Notes of Decisions
Est. of Anna Marie Leipold, Appeal of: Hines, S., 208 A.3d 507 (Pa. Super. Ct. 2019).
· cites it 2× “The executrix in Landis filed an account of the estate and listed the mortgagee as a class six creditor under 20 Pa.C.S. § 3392. 3 Thereafter, the mortgagee filed a petition for distribution of the judicial sale proceeds.”
In Re: Est. of Davis, L., Appeal of: Sullivan, R, 128 A.3d 819 (Pa. Super. Ct. 2015).
“20 Pa.C.S. § 3392. 2 In contrast, unless the will provides otherwise, the beneficiaries of the residuary estate and non-probate assets must pay, the inheritance tax liability for their portion of the residuary estate.”
In Re Est. of Albright, 545 A.2d 896 (Pa. 1988).
“The chancellor found that the firm of Behrend and Aronson breached its fiduciary duty to the estate by bestowing upon itself a payment priority in violation of 20 Pa.C.S. § 3392, by charging the estate with expenses that were not legal and proper expenses of the estate, by…”
Swidzinski v. Schultz, 493 A.2d 93 (Pa. 1985).
“20 Pa.C.S. § 3392. A testator may provide in his will for his burial.”
Est. of Gibbs, J., Appeal of: Fung, L. (Pa. Super. Ct. 2022).
· cites it 3× “In circumstances where the estate is insolvent, 20 Pa.C.S. § 3392 applies and provides as follows: If the applicable assets of the estate are insufficient to pay all proper charges and claims in full, the personal representative, subject to any preference given by law to claims…”
Order Amending Rules 1.7, 1.8, 2.1, 2.5, 2.7, 3.5, 3.7, 4.3, 4.6, 5.1, 5.3, 5.4, 7.1, 10.1, 10.5, & the Index of the Appendix of the Pa Orphans' Court Rules, & Rescinding & Replacing Forms Oc-01 Through Oc-05 & Rw-03 Through Rw-10 (Pa. 2019).
“Name and Address of Each Claimant Amount of Claim Claim Will Claim Admitted? Be Paid In Full? [_]Yes [-]Yes [[]No L_JNo [ Nes [_]Yes [_]No [_]No [Yes []Yes [_]No [-]No [Yes [Yes [] No [_]No if the estate is insolvent, attach a schedule setting forth the order of preference under…”
In Re: Est. of Sterchak, R. (Pa. Super. Ct. 2022).
“20 Pa.C.S. § 3392(1). As noted, this Estate lacked sufficient residual funds to pay for the outstanding liabilities, claims and expenses of the Estate—and the Executor and Estate counsel negotiated with the bulk of the specific devisees for at risk partial distribution which…”
Est. of: Boris Krichmar, Dec'd. (Pa. Super. Ct. 2015).
“See generally, 20 Pa.C.S. § 3392. We find Spigler’s attorney fee arrangement based upon the gross value of Boris’ estate was a means to determine the amount of his fee, not a means to give him an interest in Boris’ estate.”
Thomas Est., 12 Pa. D. & C.4th 31 (1991).
“” 20 Pa.C.S. §3392. Under this section, the first five categories must be satisfied before the sixth category of “all other claims” is paid.”
— 20 Pa. Cons. Stat. § 3392(1) — 1 case
In Re: Est. of Sterchak, R. (Pa. Super. Ct. 2022).
“20 Pa.C.S. § 3392(1). As noted, this Estate lacked sufficient residual funds to pay for the outstanding liabilities, claims and expenses of the Estate—and the Executor and Estate counsel negotiated with the bulk of the specific devisees for at risk partial distribution which…”
— 20 Pa. Cons. Stat. § 3392(6) — 1 case
Est. of Gibbs, J., Appeal of: Fung, L. (Pa. Super. Ct. 2022).
“In circumstances where the estate is insolvent, 20 Pa.C.S. § 3392 applies and provides as follows: If the applicable assets of the estate are insufficient to pay all proper charges and claims in full, the personal representative, subject to any preference given by law to claims…”
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