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

Utah Statutes

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

Utah·Title 75 Utah Uniform Probate Code·Ch. 75-3 Probate of Wills and Administration·Part 75-3-1 General Provisions

(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.

Utah § 75-3-104 (Claims against decedent -- Necessity of administration -- Exclusions.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.