Title 75  Chapter 3  Part 1  Section 104

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IndexUtah Code
Title 75Utah Uniform Probate Code
Chapter 3Probate of Wills and Administration
Part 1General Provisions
Section 104Claims against decedent -- Necessity of administration -- Exclusions.
(Effective 5/7/2025)

Effective 5/7/2025
75-3-104.  Claims against decedent -- Necessity of administration -- Exclusions.
(1)
(a)No proceeding to enforce a claim against the estate of a decedent or his successors may be revived or commenced before the appointment of a personal representative.
(b)After the appointment and until distribution, all proceedings and actions to enforce a claim against the estate are governed by the procedure prescribed by this Chapter 3, Probate of Wills and Administration.
(2)After distribution a creditor whose claim has not been barred may recover from the distributees as provided in Section 75-3-1004 or from a former personal representative individually liable as provided in Section 75-3-1005.
(3)This section has no application to a proceeding by a secured creditor of the decedent to enforce his right to his security except as to any deficiency judgment which might be sought therein.
(4)
(a)For purposes of this chapter, a lien or right to recover described in Section 26B-3-1013 is not a claim.
(b)Nothing in this chapter limits the Department of Health and Human Services' right to recovery under Section 26B-3-1013.


Amended by Chapter 59, 2025 General Session
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