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Utah · Through 2026 General Session

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

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Where this section sits in the code
  1. Title 75 Utah Uniform Probate Code
  2. Chapter 75-3 Probate of Wills and Administration
  3. Part 75-3-1 General Provisions

(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.

Collected 2026-09-03T11:34:34Z. Source file · JSON

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