S.B. 122

1

PAYMENT OF CLAIMS ON DECEASED
2 SETTLOR'S ESTATE
3 2004 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: John L. Valentine
6
7 LONG TITLE
8 General Description:
9 This bill corrects an inadvertent deletion made in a previous bill, and makes a technical
10 correction.
11 Highlighted Provisions:
12 This bill:
13 . reinserts language inadvertently deleted from this section that clarifies the priority
14 for payment of claims on a deceased settlor's estate.
15 Monies Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 AMENDS:
21 75-7-313, as enacted by Chapter 227, Laws of Utah 2002
22
23 Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 75-7-313 is amended to read:
25 75-7-313. Payment of claims.
26 (1) Upon the expiration of the earliest of the time limitations provided in Section
27 75-7-309 for the presentation of claims, the trustee shall pay the claims allowed against the

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




Legislative Review Note
as of 1-21-04 10:54 AM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel