State Codes and Statutes

Statutes > Utah > Title-75 > Chapter-03 > 75-3-806

75-3-806. Allowance of claims.
(1) As to claims presented in the manner described in Section 75-3-804 and within thetime limit prescribed in Section 75-3-803, the personal representative may mail a notice to anyclaimant stating that the claim has been allowed or disallowed. If, after allowing or disallowing aclaim, the personal representative changes the decision concerning the claim, the personalrepresentative shall notify the claimant. The personal representative may not change adisallowance of a claim after the time for the claimant to file a petition for allowance or tocommence a proceeding on the claim has expired and the claim has been barred. If the notice ofdisallowance warns the claimant of the impending bar, a claim which is disallowed in whole or inpart by the personal representative is barred so far as not allowed, unless the claimant seeks acourt ordered allowance by filing a petition for allowance in the court or by commencing aproceeding against the personal representative not later than 60 days after the mailing of thenotice of disallowance or partial allowance. If the personal representative fails to mail notice toa claimant of action on the claim within 60 days after the time for original presentation of theclaim has expired, this failure has the effect of a notice of allowance.
(2) Upon the petition of the personal representative or a claimant in a proceeding for thispurpose, the court may order any claim presented to the personal representative or filed with theclerk of the court in a timely manner and not barred by Subsection (1) to be allowed in whole orin part. Notice of this proceeding shall be given to the claimant, the personal representative, andthose other persons interested in the estate as the court may direct by order at the time theproceeding is commenced.
(3) A judgment in a proceeding in another court against a personal representative toenforce a claim against a decedent's estate is a court ordered allowance of the claim.
(4) Unless otherwise provided in any judgment in another court entered against thepersonal representative, allowed claims bear interest at the legal rate for the period commencingsix months after the decedent's date of death unless based on a contract making a provision forinterest, in which case they bear interest in accordance with that provision.

Amended by Chapter 179, 1992 General Session