Utah Code Ann. § 75-3-104 – Claims against decedent -- Necessity of administration -- Exclusions. | Midpage
§ 75-3-104
Utah Code Ann. § 75-3-104
Claims against decedent -- Necessity of administration -- Exclusions.
Effective May 7, 2025Amended by Chapter 59, 2025 General Session
(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.