75-3-804 - Manner of presentation of claims. - Utah Statutes

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Statutes > Utah > Title-75 > Chapter-03 > 75-3-804

75-3-804. Manner of presentation of claims.
(1) Claims against a decedent's estate may be presented as follows:
(a) The claimant may deliver or mail to the personal representative, or the personalrepresentative's attorney of record, a written statement of the claim indicating its basis, the nameand address of the claimant, and the amount claimed, or may file a written statement of the claim,in the form prescribed by rule, with the clerk of the court. The claim is deemed presented oneither the receipt of the written statement of claim by the personal representative or the personalrepresentative's attorney of record, or the filing of the claim with the court, whichever occurs first. If a claim is not yet due, the date when it will become due shall be stated. If the claim iscontingent or unliquidated, the nature of the uncertainty shall be stated. If the claim is secured,the security shall be described. Failure to describe correctly the security, the nature of anyuncertainty, and the due date of a claim not yet due does not invalidate the presentation made.
(b) The claimant may commence a proceeding against the personal representative in anycourt where the personal representative may be subjected to jurisdiction to obtain payment of theclaim against the estate, but the commencement of the proceeding must occur within the timelimited for presenting the claim. No presentation of claim is required in regard to matters claimedin proceedings against the decedent which were pending at the time of the decedent's death.
(2) If a claim is presented under Subsection (1)(a), no proceeding thereon may becommenced more than 60 days after the personal representative has mailed a notice ofdisallowance; but, in the case of a claim which is not presently due or which is contingent orunliquidated, the personal representative may consent to an extension of the 60-day period, or toavoid injustice the court, on petition, may order an extension of the 60-day period, but in no eventmay the extension run beyond the applicable statute of limitations.

Amended by Chapter 110, 1988 General Session

State Codes and Statutes

Statutes > Utah > Title-75 > Chapter-03 > 75-3-804

75-3-804. Manner of presentation of claims.
(1) Claims against a decedent's estate may be presented as follows:
(a) The claimant may deliver or mail to the personal representative, or the personalrepresentative's attorney of record, a written statement of the claim indicating its basis, the nameand address of the claimant, and the amount claimed, or may file a written statement of the claim,in the form prescribed by rule, with the clerk of the court. The claim is deemed presented oneither the receipt of the written statement of claim by the personal representative or the personalrepresentative's attorney of record, or the filing of the claim with the court, whichever occurs first. If a claim is not yet due, the date when it will become due shall be stated. If the claim iscontingent or unliquidated, the nature of the uncertainty shall be stated. If the claim is secured,the security shall be described. Failure to describe correctly the security, the nature of anyuncertainty, and the due date of a claim not yet due does not invalidate the presentation made.
(b) The claimant may commence a proceeding against the personal representative in anycourt where the personal representative may be subjected to jurisdiction to obtain payment of theclaim against the estate, but the commencement of the proceeding must occur within the timelimited for presenting the claim. No presentation of claim is required in regard to matters claimedin proceedings against the decedent which were pending at the time of the decedent's death.
(2) If a claim is presented under Subsection (1)(a), no proceeding thereon may becommenced more than 60 days after the personal representative has mailed a notice ofdisallowance; but, in the case of a claim which is not presently due or which is contingent orunliquidated, the personal representative may consent to an extension of the 60-day period, or toavoid injustice the court, on petition, may order an extension of the 60-day period, but in no eventmay the extension run beyond the applicable statute of limitations.

Amended by Chapter 110, 1988 General Session

State Codes and Statutes

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State Codes and Statutes

Statutes > Utah > Title-75 > Chapter-03 > 75-3-804

75-3-804. Manner of presentation of claims.
(1) Claims against a decedent's estate may be presented as follows:
(a) The claimant may deliver or mail to the personal representative, or the personalrepresentative's attorney of record, a written statement of the claim indicating its basis, the nameand address of the claimant, and the amount claimed, or may file a written statement of the claim,in the form prescribed by rule, with the clerk of the court. The claim is deemed presented oneither the receipt of the written statement of claim by the personal representative or the personalrepresentative's attorney of record, or the filing of the claim with the court, whichever occurs first. If a claim is not yet due, the date when it will become due shall be stated. If the claim iscontingent or unliquidated, the nature of the uncertainty shall be stated. If the claim is secured,the security shall be described. Failure to describe correctly the security, the nature of anyuncertainty, and the due date of a claim not yet due does not invalidate the presentation made.
(b) The claimant may commence a proceeding against the personal representative in anycourt where the personal representative may be subjected to jurisdiction to obtain payment of theclaim against the estate, but the commencement of the proceeding must occur within the timelimited for presenting the claim. No presentation of claim is required in regard to matters claimedin proceedings against the decedent which were pending at the time of the decedent's death.
(2) If a claim is presented under Subsection (1)(a), no proceeding thereon may becommenced more than 60 days after the personal representative has mailed a notice ofdisallowance; but, in the case of a claim which is not presently due or which is contingent orunliquidated, the personal representative may consent to an extension of the 60-day period, or toavoid injustice the court, on petition, may order an extension of the 60-day period, but in no eventmay the extension run beyond the applicable statute of limitations.

Amended by Chapter 110, 1988 General Session