MARVIN MANDEL, Governor                                  131

(11) ALL OTHER CLAIMS.

(B)   PROHIBITION AGAINST PREFERENCE.

A PREFERENCE [[MAY]] SHALL NOT BE GIVEN IN THE
PAYMENT OF A CLAIM OVER ANOTHER CLAIM OF THE SAME CLASS.
A CLAIM DUE AND PAYABLE IS NOT ENTITLED TO A PREFERENCE
OVER CLAIMS NOT YET DUE.

REVISOR'S NOTE: This section presently appears as
Art. 93, §8—105. It has been divided into two
subsections for organizational purposes. The
only other changes are in style.

8-106. FUNERAL EXPENSES.
(A) PAYMENT.

SUBJECT TO THE PRIORITIES CONTAINED IN   §8-105, THE

PERSONAL REPRESENTATIVE SHALL PAY THE FUNERAL   EXPENSES OF

THE DECEDENT WITHIN SIX MONTHS OF THE FIRST      APPOINTMENT
OF A PERSONAL REPRESENTATIVE.

(B) ALLOWANCE.

FUNERAL EXPENSES SHALL BE ALLOWED IN THE DISCRETION
OF THE COURT [[AND]] ACCORDING TO THE CONDITION AND
CIRCUMSTANCES OF THE DECEDENT. IN NO EVENT MAY THE
ALLOWANCE EXCEED $1,200 UNLESS THE ESTATE OF THE DECEDENT
IS SOLVENT AND A SPECIAL ORDER OF COURT HAS BEEN
OBTAINED. IF THE ESTATE IS SOLVENT AND THE WILL
EXPRESSLY EMPOWERS THE PERSONAL REPRESENTATIVE TO PAY THE
EXPENSES WITHOUT AN ORDER OF COURT, AN ALLOWANCE BY THE
COURT IS NOT REQUIRED.

(C)   PETITION OF CREDITOR.

IF THE FUNERAL EXPENSES ARE NOT PAID WITHIN SIX
MONTHS, THE CREDITOR MAY PETITION THE COURT TO REQUIRE
THE PERSONAL REPRESENTATIVE TO SHOW CAUSE WHY HE SHOULD
NOT BE COMPELLED TO MAKE THE PAYMENT. IF THE COURT FINDS
THAT THE CLAIM IS VALID, IT SHALL FIX THE AMOUNT DUE AND
SHALL ORDER THE PERSONAL REPRESENTATIVE TO MAKE PAYMENT
WITHIN TEN DAYS AFTER THE ORDER IS SERVED UPON HIM. IF
THE PERSONAL REPRESENTATIVE DOES NOT HAVE SUFFICIENT
FUNDS, THE CLAIMANT MAY AT A LATER DATE RESUBMIT HIS
PETITION WHEN THE PERSONAL REPRESENTATIVE HAS SUFFICIENT
FUNDS.

REVISOR'S NOTE: This section presently appears as
Art. 93, §8-106. It has been broken down into
three subsections for organizational purposes.
The only other changes are in language and
style.