Tims Funeral Home v. Marcella Phillips, the Duly Appointed, Qualified and Acting Administratrix With Will Annexed Of…

Summary

The court held that necessary expenses of estate administration, including a reasonable attorney fee, take priority over funeral expenses when an estate is insolvent. Because the administratrix was entitled to receive those expenses before payment of the funeral-home claim, the trial court properly prorated the remaining funds and the creditor could not obtain greater relief on appeal.