14-6103. Notice of death of settlor; filing
claim against trust estate
A. After the death of the settlor the trustee of a nontestamentary trust
may notify known creditors pursuant to section 14-3801, subsection B and may publish
notice to creditors pursuant to section 14-3801, subsection A.
B. A claim against the trust estate that arose before the settlor's death,
including claims of the state or any of its political subdivisions, whether due or to
become due, absolute or contingent, liquidated or unliquidated, founded on contract, tort
or other legal basis, if not barred against the trust estate by any other statute of
limitations or nonclaim statute, are barred against the trust estate, the trustee and the
beneficiaries of the trust, unless presented within the time prescribed in the written
notice for creditors who are given actual notice, or within the time prescribed in the
published notice for creditors who are given notice by publication.
C. A claim under this section may be presented as follows:
1. The claimant may deliver or mail to the trustee a written statement of the claim
indicating the information prescribed in section 14-3804.
2. If the trustee has distributed the trust estate to beneficiaries of the trust,
the trustee shall mail or deliver the claim to any beneficiary that may be liable for the
claim because of the receipt of trust assets by that beneficiary.
3. If a claim is presented in a timely manner, section 14-6102 applies.
D. The trustee is not liable to a creditor or to any beneficiary of the trust for
giving or failing to give notice under this section.
|