S.B. 122 Enrolled

PAYMENT OF CLAIMS ON DECEASED
SETTLOR'S ESTATE
2004 GENERAL SESSION
STATE OF UTAH
Sponsor: John L. Valentine

LONG TITLE
General Description:
This bill corrects an inadvertent deletion made in a previous bill, and makes a technical
correction.
Highlighted Provisions:
This bill:
. reinserts language inadvertently deleted from this section that clarifies the priority for
payment of claims on a deceased settlor's estate.
Monies Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
75-7-313, as enacted by Chapter 227, Laws of Utah 2002

Be it enacted by the Legislature of the state of Utah:
Section 1. Section 75-7-313 is amended to read:
75-7-313. Payment of claims.
(1) Upon the expiration of the earliest of the time limitations provided in Section
75-7-309 for the presentation of claims, the trustee shall pay the claims allowed against the
deceased settlor's estate in the order of priority prescribed, after making provision for claims
already presented which have not yet been allowed or whose allowance has been appealed, and

for unbarred claims which may yet be presented, including costs and expenses of administration.
By petition to the court in a proceeding for that purpose, a claimant whose claim has been
allowed but not paid as provided in this section may secure an order directing the trustee to pay
the claim to the extent that funds of the deceased settlor's estate or trust estate are available for
the payment.
(2) The trustee at any time may pay any just claim that has not been barred, with or
without formal presentation, but [he] the trustee shall be personally liable to any other claimant
whose claim is allowed and who is injured by the payment if:
(a) the payment was made before the expiration of the time limit stated in Subsection (1)
and the trustee failed to require the payee to give adequate security for the refund of any of the
payment necessary to pay other claimants; or
(b) the payment was made, due to the negligence or willful fault of the trustee, in a way
that deprived the injured claimant of his priority.

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