<section number="75B-2-508"><effdate>5/7/2025</effdate><histories><history>Renumbered and Amended by Chapter <modchap sess="2025GS">310</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Notice to creditors.</catchline><subsection number="75B-2-508(1)"><subsection number="75B-2-508(1)(a)">A trustee for an inter vivos revocable trust, upon the death of the settlor, may publish a notice to creditors:<subsection number="75B-2-508(1)(a)(i)">once a week for three successive weeks in a newspaper of general circulation in the county where the settlor resided at the time of death; and</subsection><subsection number="75B-2-508(1)(a)(ii)">in accordance with Section <xref depth="3" refnumber="45-1-101" start="0">45-1-101</xref> for three weeks.</subsection></subsection><subsection number="75B-2-508(1)(b)">The notice required by Subsection <xref depth="4" refnumber="75-7-508(1)(a)" start="0">(1)(a)</xref> shall:<subsection number="75B-2-508(1)(b)(i)">provide the trustee's name and address; and</subsection><subsection number="75B-2-508(1)(b)(ii)">notify creditors:<subsection number="75B-2-508(1)(b)(ii)(A)">of the deceased settlor; and</subsection><subsection number="75B-2-508(1)(b)(ii)(B)">to present their claims within three months after the date of the first publication of the notice or be forever barred from presenting the claim.</subsection></subsection></subsection></subsection><subsection number="75B-2-508(2)"><subsection number="75B-2-508(2)(a)">A trustee shall give written notice by mail or other delivery to any known creditor of the deceased settlor, notifying the creditor to present the creditor's claim within 90 days from the published notice if given as provided in Subsection <xref depth="4" refnumber="75-7-508(1)" start="0">(1)</xref> or within 60 days from the mailing or other delivery of the notice, whichever is later, or be forever barred.  </subsection><subsection number="75B-2-508(2)(b)">Written notice shall be the notice described in Subsection <xref depth="4" refnumber="75-7-508(1)" start="0">(1)</xref> or a similar notice.</subsection></subsection><subsection number="75B-2-508(3)"><subsection number="75B-2-508(3)(a)">If the deceased settlor received medical assistance, as defined in Section <xref depth="3" refnumber="26B-3-1001" start="0">26B-3-1001</xref>, at any time after the age of 55, the trustee for an inter vivos revocable trust, upon the death of the settlor, shall mail or deliver written notice to the Director of the Office of Recovery Services, on behalf of the Department of Health and Human Services, to present any claim under Section <xref depth="3" refnumber="26B-3-1013" start="0">26B-3-1013</xref> within 60 days from the mailing or other delivery of notice, whichever is later, or be forever barred.</subsection><subsection number="75B-2-508(3)(b)">If the trustee does not mail notice to the director of the Office of Recovery Services on behalf of the Department of Health and Human Services in accordance with Subsection <xref depth="4" refnumber="75-7-508(3)(a)" start="0">(3)(a)</xref>, the Department of Health and Human Services shall have one year from the death of the settlor to present the Department of Health and Human Services' claim.</subsection></subsection><subsection number="75B-2-508(4)">The trustee is not liable to any creditor or to any successor of the deceased settlor for giving or failing to give notice under this section.</subsection><subsection number="75B-2-508(5)">The notice to creditors shall be valid against any creditor of the trust and also against any creditor of the estate of the deceased settlor.</subsection></section>