State Codes and Statutes
Statutes > Utah > Title-75 > Chapter-03 > 75-3-80375-3-803. Limitations on presentation of claims.
(1) All claims against a decedent's estate which arose before the death of the decedent,including claims of the state and any subdivision of it, whether due or to become due, absolute orcontingent, liquidated or unliquidated, founded on contract, tort, or other legal basis, if not barredearlier by other statute of limitations, are barred against the estate, the personal representative,and the heirs and devisees of the decedent, unless presented within the earlier of the followingdates:
(a) one year after the decedent's death; or
(b) within the time provided by Subsection 75-3-801(2) for creditors who are givenactual notice, and where notice is published, within the time provided in Subsection 75-3-801(1)for all claims barred by publication.
(2) In all events, claims barred by the nonclaim statute at the decedent's domicile are alsobarred in this state.
(3) All claims against a decedent's estate which arise at or after the death of the decedent,including claims of the state and any of its subdivisions, whether due or to become due, absoluteor contingent, liquidated or unliquidated, founded on contract, tort, or other legal basis are barredagainst the estate, the personal representative, and the heirs and devisees of the decedent, unlesspresented as follows:
(a) a claim based on a contract with the personal representative within three months afterperformance by the personal representative is due; or
(b) any other claim within the later of three months after it arises, or the time specified inSubsection (1)(a).
(4) Nothing in this section affects or prevents:
(a) any proceeding to enforce any mortgage, pledge, or other lien upon property of theestate;
(b) to the limits of the insurance protection only, any proceeding to establish liability ofthe decedent or the personal representative for which he is protected by liability insurance; or
(c) collection of compensation for services rendered and reimbursement for expensesadvanced by the personal representative or by the attorney or accountant for the personalrepresentative of the estate.
(5) If a personal representative has not been timely appointed in accordance with thischapter, one may be appointed for the limited purposes of Subsection (4)(b) for any claim timelybrought against the decedent.
Amended by Chapter 223, 2010 General Session
