) As soon as the personal representative has sufficient funds in his hands, after retaining sufficient to pay the expenses of administration, the personal representative must pay the funeral expenses, the expenses of the last illness, the family allowance, and wage clams to the extent of nine hundred dollars ($900.00) of each employee of the decedent for work done or personal services rendered within ninety (90) days prior to the death of the employer; but the personal representative is not obliged to pay any other debt or any legacy until, as prescribed in this Chapter, the payment has been ordered by the Superior Court.

(b) Funeral expenses and expenses of last illness shall be deemed debts payable out of the estate of the deceased spouse, and shall not be charged to the community share of a surviving spouse, whether or not the surviving spouse is financially able to pay such expenses and whether or not the surviving spouse or any other person is also liable therefor.

SOURCE: Subsection (a): Probate Code of Guam (1970), § 951. Subsection (b): California Probate Code, § 951.1 (as amended).

COMMENT: Subsection (a) of § 2729 has been slightly altered from § 951 of the
Probate Code of Guam (1970), to increase the amount of wage claims from
$200.00 to $900.00; this has been done to cause § 2729 to comport with § 2727. Subsection (b) has been taken from § 951.1 of the California Probate Code, which
was added in 1957 and amended in 1970. As with certain other new Sections, the purpose of subsection (b) is to rationalize the operation of the community property system upon the death of one of the members of the community; see Comments to
§§ 2513, 2515, and 2535, supra.

§ 2731. Order for Payment; Payment by Classes; Proration; 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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CH. 27 ACCOUNTING AND PAYMENT OF DEBTS

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).

§ 2733. Future, Contingent or Disputed Claims; Payment Into Court; Distribution; Interest Deduction From Claims Not Due; Insolvent Estates.
If there is any claim not due, or any contingent or disputed claim against the estate, the amount thereof, or such part of the same as the holder would be entitled to if the claim were due, established, or absolute, must be paid into the Superior Court, and there remain, to be paid over to the party when he becomes entitled thereto; or, if he fails to establish his claim, to be paid over or distributed as the circumstances of the estate require. If a creditor whose claim has been allowed, but is not yet due, appears and assents to a deduction therefrom of the legal interest from the time the claim has yet to run, he is entitled to be paid accordingly. The payments provided for in this Section are not to be made when the estate is insolvent, unless a pro rata distribution is ordered.

SOURCE: Probate Code of Guam (1970), § 953.