§ 11-1.5 Payment of testamentary dispositions or distributive shares\n (a) Subject to his or her duty to retain sufficient assets to pay\nadministration and reasonable funeral expenses, debts of the decedent\nand all taxes for which the estate is liable, a personal representative\nmay, but, except as directed by will or court decree or order, shall not\nbe required to, pay any testamentary disposition or distributive share\nbefore the completion of the publication of notice to creditors or, if\nno such notice is published, before the expiration of seven months from\nthe time letters testamentary or of administration are granted, or, if\nnotice of the availability of genetic material of the decedent has been\ngiven under section 4-1.3, before the birth of a genetic child who is\nentitled to inherit from the decedent under section 4-1.3.\n (b) Whenever a disposition is directed by will to be paid in advance\nof such publication of notice or the expiration of such seven month\nperiod or the birth of a genetic child entitled to inherit from the\ndecedent under section 4-1.3, the personal representative may require a\nbond, conditioned as follows:\n (1) That if debts of the decedent appear, and the assets of the estate\nare insufficient to pay them or to pay other testamentary dispositions\nentitled, under section 13-1.3, to payment equally with or prior to that\nof the disposition paid in advance, the beneficiary to whom advance\npayment was made will refund it, or the value thereof, together with\ninterest thereon and any costs incurred by reason of such payment, or\nsuch ratable portion thereof, as is necessary to pay such debts or to\nsatisfy the rights, if any, of other beneficiaries under the will.\n (2) That if the will, under which the disposition was paid, is denied\nprobate, on appeal or otherwise, such beneficiary will refund the entire\nadvance payment, together with interest and costs as described in\nsubparagraph (1), to the personal representative entitled thereto.\n (c) If, after the expiration of seven months from the time letters are\ngranted or the birth of a genetic child entitled to inherit from the\ndecedent under section 4-1.3, as the case may be, the personal\nrepresentative refuses upon demand to pay a disposition or distributive\nshare, the person entitled thereto may maintain an appropriate action or\nproceeding against such representative. But, for the purpose of\ncomputing the time limited for its commencement, the cause of action\ndoes not accrue until the personal representative's account is\njudicially settled.\n
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