reglab/housing_qa huggingface dataset:
UT Code § 75-3-904 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 3 - Probate of Wills and Administration|Part 9 - Special Provisions Relating to Distribution|Section 904 - Interest on general pecuniary devise.

75-3-904. Interest on general pecuniary devise.  General pecuniary devises bear interest at the legal rate beginning one year after the first appointment of a personal representative until payment, unless a contrary intent is indicated by the will.  Enacted by Chapter 150, 1975 General Session
UT Code § 75-3-905 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 3 - Probate of Wills and Administration|Part 9 - Special Provisions Relating to Distribution|Section 905 - Penalty clause for contest.

75-3-905. Penalty clause for contest.  A provision in a will purporting to penalize any interested person for contesting the will or instituting other proceedings relating to the estate is unenforceable if probable cause exists for instituting proceedings.  Enacted by Chapter 150, 1975 General Session
UT Code § 75-3-906 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 3 - Probate of Wills and Administration|Part 9 - Special Provisions Relating to Distribution|Section 906 - Distribution in kind -- Valuation -- Method.

75-3-906. Distribution in kind -- Valuation -- Method.    (1) Unless a contrary intention is indicated by the will, the distributable assets of a decedent's estate shall be distributed in kind to the extent possible through application of the following provisions:   (a) A specific devisee is entitled to distribution of the thing devised to him, and a spouse or child who has selected particular assets of an estate as provided in Section 75-2-403 shall receive the items selected.     (b) Any homestead or family allowance or devise payable in money may be satisfied by value in kind provided:   (i) the person entitled to the payment has not demanded payment in cash;     (ii) the property distributed in kind is valued at fair market value as of the date of its distribution; and     (iii) no residuary devisee has requested that the asset in question remain a part of the residue of the estate.       (c) For the purpose of valuation under Subsection (1)(b) above, securities regularly traded on recognized exchanges, if distributed in kind, are valued at the price for the last sale of like securities traded on the business day prior to distribution, or if there was no sale on that day, at the median between amounts bid and offered at the close of that day. Assets consisting of sums owed the decedent or the estate by solvent debtors as to which there is no known dispute or defense are valued at the sum due with accrued interest or discounted to the date of distribution. For assets which do not have readily ascertainable values, a valuation as of a date not more than 30 days prior to the date of distribution, if otherwise reasonable, controls. For purposes of facilitating distribution, the personal representative may ascertain the value of the assets as of the time of the proposed distribution in any reasonable way, including the employment of qualified appraisers, even if the assets may have been previously appraised.     (d) The residuary estate shall be distributed in kind if there is no objection to the proposed distribution and it is practicable to distribute undivided interests. In other cases, residuary property may be converted into cash for distribution.       (2) After the probable charges against the estate are known, the personal representative may mail or deliver a proposal for distribution to all persons who have a right to object to the proposed distribution. The right of any distributee to object to the proposed distribution on the basis of the kind or value of asset he is to receive, if not waived earlier in writing, terminates if he fails to object in writing received by the personal representative within 30 days after mailing or delivery of the proposal.    Amended by Chapter 39, 1998 General Session
UT Code § 75-3-907 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 3 - Probate of Wills and Administration|Part 9 - Special Provisions Relating to Distribution|Section 907 - Distribution in kind -- Evidence.

75-3-907. Distribution in kind -- Evidence.  If distribution in kind is made, the personal representative shall execute an instrument or deed of distribution assigning, transferring, or releasing the assets to the distributee as evidence of the distributee's title to the property.  Enacted by Chapter 150, 1975 General Session
UT Code § 75-3-908 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 3 - Probate of Wills and Administration|Part 9 - Special Provisions Relating to Distribution|Section 908 - Distribution -- Right or title of distributee.

75-3-908. Distribution -- Right or title of distributee.  Proof that a distributee has received an instrument or deed of distribution of assets in kind, or payment in distribution, from a personal representative, is conclusive evidence that the distributee has succeeded to the interest of the estate in the distributed assets, as against all persons interested in the estate, except that the personal representative may recover the assets or their value if the distribution was improper.  Enacted by Chapter 150, 1975 General Session
UT Code § 75-3-909 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 3 - Probate of Wills and Administration|Part 9 - Special Provisions Relating to Distribution|Section 909 - Improper distribution -- Liability of distributee.

75-3-909. Improper distribution -- Liability of distributee.  Unless the distribution or payment no longer can be questioned because of adjudication, estoppel, or limitation, a distributee of property improperly distributed or paid, or a claimant who was improperly paid, is liable to return the property improperly received and its income since distribution if he has the property. If he does not have the property, then he is liable to return the value as of the date of disposition of the property improperly received and its income and gain received by him.  Enacted by Chapter 150, 1975 General Session
UT Code § 75-3-910 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 3 - Probate of Wills and Administration|Part 9 - Special Provisions Relating to Distribution|Section 910 - Purchasers from distributees protected.

75-3-910. Purchasers from distributees protected.  If property distributed in kind or a security interest therein is acquired for value in good faith and without notice of any adverse claim by a purchaser from or lender to a distributee who has received an instrument or deed of distribution from the personal representative, or is so acquired by a purchaser from or lender to a transferee from the distributee, the purchaser or lender takes title free of rights of any interested person in the estate and incurs no personal liability to the estate, or to any interested person, whether or not the distribution was proper or supported by court order or the authority of the personal representative was terminated before execution of the instrument or deed. This section protects a purchaser from or lender to a distributee who, as personal representative, has executed a deed of distribution to himself, as well as a purchaser from or lender to any other distributee or his transferee. To be protected under this section, a purchaser or lender need not inquire whether a personal representative acted properly in making the distribution in kind, even if the personal representative and the distributee are the same person, or whether the authority of the personal representative had terminated before the distribution.  Enacted by Chapter 194, 1977 General Session
UT Code § 75-3-911 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 3 - Probate of Wills and Administration|Part 9 - Special Provisions Relating to Distribution|Section 911 - Partition for purpose of distribution.

75-3-911. Partition for purpose of distribution.  When two or more heirs or devisees are entitled to distribution of undivided interests in any real or personal property of the estate, the personal representative or one or more of the heirs or devisees may petition the court, prior to the formal or informal closing of the estate, to make partition. After notice to the interested heirs or devisees, the court shall partition the property in the same manner as provided by the law for civil actions of partition. The court may direct the personal representative to sell any property which cannot be partitioned without prejudice to the owners and which cannot conveniently be allotted to any one party.  Enacted by Chapter 150, 1975 General Session
UT Code § 75-3-912 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 3 - Probate of Wills and Administration|Part 9 - Special Provisions Relating to Distribution|Section 912 - Private agreements among successors to decedent binding on personal representative.

75-3-912. Private agreements among successors to decedent binding on personal representative.  Subject to the rights of creditors and taxing authorities, competent successors may agree among themselves to alter the interests, shares, or amounts to which they are entitled under the will of the decedent, or under the laws of intestacy, in any way that they provide in a written contract executed by all who are affected by its provisions. The personal representative shall abide by the terms of the agreement, subject to his obligation to administer the estate for the benefit of creditors, to pay all taxes and costs of administration, and to carry out the responsibilities of his office for the benefit of any successors of the decedent who are not parties. Personal representatives of decedents' estates are not required to see to the performance of trusts if the trustee thereof is another person who is willing to accept the trust. Accordingly, trustees of a testamentary trust are successors for the purposes of this section. Nothing contained in this section relieves trustees of any duties owed to beneficiaries of trusts.  Enacted by Chapter 150, 1975 General Session
UT Code § 75-3-913 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 3 - Probate of Wills and Administration|Part 9 - Special Provisions Relating to Distribution|Section 913 - Distributions to trustee.

75-3-913. Distributions to trustee.    (1) Before distributing to a trustee, the personal representative may require that the trust be registered if the state in which it is to be administered provides for registration and that the trustee inform the qualified beneficiaries as provided in Section 75-7-811.     (2) If the trust instrument does not excuse the trustee from giving bond, the personal representative may petition the appropriate court to require that the trustee post bond if he apprehends that distribution might jeopardize the interests of persons who are not able to protect themselves; and he may withhold distribution until the court has acted.     (3) No inference of negligence on the part of the personal representative shall be drawn from his failure to exercise the authority conferred by Subsections (1) and (2).    Amended by Chapter 89, 2004 General Session
UT Code § 75-3-914 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 3 - Probate of Wills and Administration|Part 9 - Special Provisions Relating to Distribution|Section 914 - Disposition of unclaimed assets.

75-3-914. Disposition of unclaimed assets.    (1) If an heir, devisee or claimant cannot be found, the personal representative shall distribute the share of the missing person to his conservator, if any, but otherwise to the state treasurer for the benefit of the state school fund.     (2) The money received by the state treasurer shall be paid to the person entitled on proof of his right to it or, if the state treasurer refuses or fails to pay, the person may petition the court which appointed the personal representative, whereupon the court upon notice to the state treasurer may determine the person entitled to the money and order the treasurer to pay it to him. No interest is allowed thereon, and the heir, devisee, or claimant shall pay all costs and expenses incident to the proceeding.    Enacted by Chapter 150, 1975 General Session
UT Code § 75-3-915 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 3 - Probate of Wills and Administration|Part 9 - Special Provisions Relating to Distribution|Section 915 - Distribution to person under disability.

75-3-915. Distribution to person under disability.  A personal representative may discharge his obligation to distribute to any person under legal disability by distributing to his conservator, or any other person authorized by this code or otherwise to give a valid receipt and discharge for the distribution.  Enacted by Chapter 150, 1975 General Session
UT Code § 75-3-917 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 3 - Probate of Wills and Administration|Part 9 - Special Provisions Relating to Distribution|Section 917 - Certain formula clauses to be construed to refer to federal estate and generation-skipping transfer tax rules applicable to estates of decedents dying after December 31, 2009.

75-3-917. Certain formula clauses to be construed to refer to federal estate and generation-skipping transfer tax rules applicable to estates of decedents dying after December 31, 2009.    (1) A will or trust of a decedent who dies after December 31, 2009 and before January 1, 2011, that contains a formula referring to the "unified credit," "estate tax exemption," "applicable exemption amount," "generation-skipping transfer tax exemption" or "GST exemption," or that measures a share of an estate or trust based on the amount that can pass free of federal estate or generation-skipping transfer taxes, or that is otherwise based on a similar provision of federal estate tax or generation-skipping transfer tax law, shall be considered to refer to the federal estate and generation-skipping transfer tax laws as they applied with respect to estates of decedents dying on December 31, 2009.   (a) This provision may not apply with respect to a will or trust executed or amended after December 31, 2009, or that manifests an intent that a contrary rule shall apply if the decedent dies on a date on which there is no then-applicable federal estate or generation-skipping transfer tax.     (b) The reference to January 1, 2011 in Subsection (1) shall, if the federal estate and generation-skipping transfer tax becomes effective before that date, refer instead to the first date on which the tax becomes legally effective.       (2) A proceeding to determine whether the decedent intended that the references under Subsection (1) be construed with respect to the law as it existed after December 31, 2009, shall be filed within 12 months of the date of death of the testator or grantor. It may be filed by the personal representative or any affected beneficiary under the will or other instrument.    Enacted by Chapter 223, 2010 General Session
UT Code § 75-3-1001 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 3 - Probate of Wills and Administration|Part 10 - Closing Estates|Section 1001 - Formal proceedings terminating administration -- Testate or intestate -- Order of general protection.

75-3-1001. Formal proceedings terminating administration -- Testate or intestate -- Order of general protection.    (1) A personal representative or any interested person may petition for an order of complete settlement of the estate. The personal representative may petition at any time, and any other interested person may petition after one year from the appointment of the original personal representative except that no petition under this section may be entertained until the time for presenting claims which arose prior to the death of the decedent has expired. The petition may request the court to determine testacy, if not previously determined, to consider the final account or compel or approve an accounting and distribution, to construe any will or determine heirs, and to adjudicate the final settlement and distribution of the estate. After notice to all interested persons and hearing the court may enter an order or orders, on appropriate conditions, determining the persons entitled to distribution of the estate, and, as circumstances require, approving settlement and directing or approving distribution of the estate and discharging the personal representative from further claim or demand of any interested person.     (2) If one or more heirs or devisees were omitted as parties in, or were not given notice of, a previous formal testacy proceeding, the court, on proper petition for an order of complete settlement of the estate under this section, and after notice to the omitted or unnotified persons and other interested parties determined to be interested on the assumption that the previous order concerning testacy is conclusive as to those given notice of the earlier proceeding, may determine testacy as it affects the omitted persons and confirm or alter the previous order of testacy as it affects all interested persons as appropriate in the light of the new proofs. In the absence of objection by an omitted or unnotified person, evidence received in the original testacy proceeding shall constitute prima facie proof of due execution of any will previously admitted to probate, or of the fact that the decedent left no valid will if the prior proceedings determined this fact.    Enacted by Chapter 150, 1975 General Session
UT Code § 75-3-1002 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 3 - Probate of Wills and Administration|Part 10 - Closing Estates|Section 1002 - Formal proceedings terminating testate administration -- Order construing will without adjudicating testacy.

75-3-1002. Formal proceedings terminating testate administration -- Order construing will without adjudicating testacy.  A personal representative administering an estate under an informally probated will or any devisee under an informally probated will may petition for an order of settlement of the estate which will not adjudicate the testacy status of the decedent. The personal representative may petition at any time, and a devisee may petition after one year from the appointment of the original personal representative, except that no petition under this section may be entertained until the time for presenting claims which arose prior to the death of the decedent has expired. The petition may request the court to consider the final account or compel or approve an accounting and distribution, to construe the will, and to adjudicate final settlement and distribution of the estate. After notice to all devisees and the personal representative and hearing, the court may enter an order or orders, on appropriate conditions, determining the persons entitled to distribution of the estate under the will, and, as circumstances require, approving settlement and directing or approving distribution of the estate and discharging the personal representative from further claim or demand of any devisee who is a party to the proceeding and those he represents. If it appears that a part of the estate is intestate, the proceedings shall be dismissed or amendments made to meet the provisions of Section 75-3-1001.  Enacted by Chapter 150, 1975 General Session
UT Code § 75-3-1003 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 3 - Probate of Wills and Administration|Part 10 - Closing Estates|Section 1003 - Closing estates -- By sworn statement of personal representative -- Waiver of accountings.

75-3-1003. Closing estates -- By sworn statement of personal representative -- Waiver of accountings.    (1) Unless prohibited by order of the court and except for estates being administered in supervised administration proceedings when all of the distributees of the estate consent in writing, a personal representative may close an estate by filing with the court no earlier than four months after the date of original appointment of a general personal representative for the estate, a verified statement stating that the personal representative, or a prior personal representative whom the personal representative has succeeded, has:   (a) determined that the time limitation for presentation of creditors' claims has expired;     (b) fully administered the estate of the decedent by making payment, settlement, or other disposition of all claims which were presented, expenses of administration and estate, inheritance and other death taxes, except as specified in the statement, and that the assets of the estate have been distributed to the persons entitled. If any claims remain undischarged, the statement shall state whether the personal representative has distributed the estate subject to possible liability with the agreement of the distributees or it shall state in detail other arrangements which have been made to accommodate outstanding liabilities; and     (c) sent a copy of the statement to all distributees of the estate and to all creditors or other claimants of whom he is aware whose claims are neither paid nor barred and has furnished a full account in writing of his administration to the distributees whose interests are affected thereby.       (2) If no proceedings involving the personal representative are pending in the court one year after the closing statement is filed, the appointment of the personal representative terminates.     (3) Any accounting required under this section or either Section 75-3-1001 or 75-3-1002 may be waived when all of the distributees of the estate consent in writing to the waiver.    Amended by Chapter 179, 1992 General Session
UT Code § 75-3-1004 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 3 - Probate of Wills and Administration|Part 10 - Closing Estates|Section 1004 - Liability of distributees to claimants.

75-3-1004. Liability of distributees to claimants.  After assets of an estate have been distributed and subject to Section 75-3-1006, an undischarged claim not barred may be prosecuted in a proceeding against one or more distributees. No distributee shall be liable to claimants for amounts received as exempt property, homestead or family allowances, or for amounts in excess of the value of his distribution as of the time of distribution. As between distributees, each shall bear the cost of satisfaction of unbarred claims as if the claim had been satisfied in the course of administration. Any distributee who shall have failed to notify other distributees of the demand made upon him by the claimant in sufficient time to permit them to join in any proceeding in which the claim was asserted against him loses his right of contribution against other distributees.  Amended by Chapter 194, 1977 General Session
UT Code § 75-3-1005 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 3 - Probate of Wills and Administration|Part 10 - Closing Estates|Section 1005 - Limitations on proceedings against personal representative.

75-3-1005. Limitations on proceedings against personal representative.  Unless previously barred by adjudication and except as provided in the closing statement, the rights of successors and of creditors whose claims have not otherwise been barred against the personal representative for breach of fiduciary duty are barred unless a proceeding to assert the same is commenced within six months after the filing of the closing statement. The rights thus barred do not include rights to recover from a personal representative for fraud, misrepresentation, or inadequate disclosure related to the settlement of the decedent's estate.  Enacted by Chapter 150, 1975 General Session