Utah § 75-3-104 Claims against decedent -- Necessity of administration -- Exclusions.

Utah Statutes

§ 75-3-104 — Claims against decedent -- Necessity of administration -- Exclusions.

Utah § 75-3-104

Title 75Utah Uniform Probate Code

Ch. 75-3Probate of Wills and Administration

Part 75-3-1General Provisions

This text of Utah § 75-3-104 (Claims against decedent -- Necessity of administration -- Exclusions.) is published on Counsel Stack Legal Research, covering Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Utah Code Ann. § 75-3-104 (2026).

Text

(1)(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.

(1)(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 s

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(1) (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.
(1)(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) (4)(a) For purposes of this chapter, a lien or right to recover described in Section 26B-3-1013 is not a claim.
(4)(b) Nothing in this chapter limits the Department of Health and Human Services' right to recovery under Section 26B-3-1013.