Utah Statutes
§ 75-6-415 — Liability for creditor claims and statutory allowances.
Utah·Title 75 Utah Uniform Probate Code·Ch. 75-6 Nonprobate Transfers·Part 75-6-4 Uniform Real Property Transfer on Death Act
(1)To the extent the transferor's probate estate is insufficient to satisfy an allowed claim against the estate or a statutory allowance to a surviving spouse or child, only the estate may enforce the liability against property transferred at the transferor's death by a transfer on death deed.
(2)If more than one property is transferred by one or more transfer on death deeds, the liability under Subsection (1) is apportioned among the properties in proportion to their net values at the transferor's death.
(3)A probate proceeding to enforce the liability under this section shall be commenced not later than 12 months after the transferor's death.
(4)The estate may expressly waive the estate's claim against the property.
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Legislative History
Enacted by Chapter 26, 2018 General Session
Nearby Sections
15
§ 75-1-101
Short title.§ 75-1-102
Purposes -- Rule of construction.§ 75-1-104
Severability.§ 75-1-105
Construction against implied repeal.§ 75-1-106
Effect of fraud and evasion.§ 75-1-107
Evidence of death or status.§ 75-1-108
Acts by holder of general power.§ 75-1-201
Title definitions.§ 75-1-301
Territorial application.§ 75-1-302
Subject matter jurisdiction.