reglab/statecodes huggingface dataset:
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 3 - Probate of Wills and Administration › Part 6 - Personal Representative - Appointment, Control, and Termination of Authority › Section 609 - Termination of appointment -- Death or disability.

75-3-609.
Termination of appointment -- Death or disability.
The death of a personal representative or the appointment of a conservator for the estate of a personal representative, terminates his appointment. Until appointment and qualification of a successor or special representative to replace the deceased or protected representative, the representative of the estate of the deceased or protected personal representative, if any, has the duty to protect the estate possessed and being administered by his decedent or ward at the time his appointment terminates, has the power to perform acts necessary for protection, and shall account for and deliver the estate assets to a successor or special personal representative upon his appointment and qualification.
Enacted by Chapter 150, 1975 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 3 - Probate of Wills and Administration › Part 6 - Personal Representative - Appointment, Control, and Termination of Authority › Section 610 - Termination of appointment -- Voluntary.

75-3-610.
Termination of appointment -- Voluntary.
(1) An appointment of a personal representative terminates as provided in Section 75-3-1003, one year after the filing of a closing statement.
(2) An order closing an estate as provided in Section 75-3-1001 or 75-3-1002 terminates an appointment of a personal representative.
(3) A personal representative may resign his position by filing a written statement of resignation with the registrar after he has given at least 15 days' written notice to the persons known to be interested in the estate. If no one applies or petitions for appointment of a successor representative within the time indicated in the notice, the filed statement of resignation is ineffective as a termination of appointment and in any event is effective only upon the appointment and qualification of a successor representative and delivery of the assets to him.
Enacted by Chapter 150, 1975 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 3 - Probate of Wills and Administration › Part 6 - Personal Representative - Appointment, Control, and Termination of Authority › Section 611 - Termination of appointment by removal -- Cause -- Procedure.

75-3-611.
Termination of appointment by removal -- Cause -- Procedure.
(1) A person interested in the estate may petition for removal of a personal representative for cause at any time. Upon filing of the petition, the court shall fix a time and place for hearing. Notice shall be given by the petitioner to the personal representative and to other persons as the court may order. Except as otherwise ordered as provided in Section 75-3-607, after receipt of notice of removal proceedings, the personal representative shall not act except to account, correct maladministration, or preserve the estate. If removal is ordered, the court also shall direct by order the disposition of the assets remaining in the name of, or under the control of, the personal representative being removed.
(2) Cause for removal exists:
(a) When removal would be in the best interest of the estate.
(b) If it is shown that a personal representative or the person seeking his appointment intentionally misrepresented material facts in the proceedings leading to his appointment.
(c) If it is shown that the personal representative has disregarded an order of the court, has become incapable of discharging the duties of his office, has mismanaged the estate, or failed to perform any duty pertaining to the office.
(3) Unless the decedent's will directs otherwise, a personal representative appointed at the decedent's domicile, incident to securing appointment of himself or his nominee as ancillary personal representative, may obtain removal of another who was appointed personal representative in this state to administer local assets.
Enacted by Chapter 150, 1975 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 3 - Probate of Wills and Administration › Part 6 - Personal Representative - Appointment, Control, and Termination of Authority › Section 612 - Termination of appointment -- Change of testacy status.

75-3-612.
Termination of appointment -- Change of testacy status.
Except as otherwise ordered in formal proceedings, the probate of a will subsequent to the appointment of a personal representative in intestacy or under a will which is superseded by formal probate of another will, or the vacation of an informal probate of a will subsequent to the appointment of the personal representative thereunder, does not terminate the appointment of the personal representative although his powers may be reduced as provided in Section 75-3-401. Termination occurs upon appointment in informal or formal appointment proceedings of a person entitled to appointment under the later assumption concerning testacy. If no request for new appointment is made within 30 days after expiration of time for appeal from the order in formal testacy proceedings, or from the informal probate, changing the assumption concerning testacy, the previously appointed personal representative upon request may be appointed personal representative under the subsequently probated will, or as in intestacy as the case may be.
Enacted by Chapter 150, 1975 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 3 - Probate of Wills and Administration › Part 6 - Personal Representative - Appointment, Control, and Termination of Authority › Section 613 - Successor personal representative.

75-3-613.
Successor personal representative.
Part 3, Informal Probate and Appointment Proceedings, and Part 4, Formal Testacy and Appointment Proceedings, govern proceedings for appointment of a personal representative to succeed one whose appointment has been terminated. After appointment and qualification, a successor personal representative may be substituted in all actions and proceedings to which the former personal representative was a party; and no notice, process, or claim which was given or served upon the former personal representative need be given to or served upon the successor in order to preserve any position or right the person giving the notice or filing the claim may thereby have obtained or preserved with reference to the former personal representative. Except as otherwise ordered by the court, the successor personal representative has the powers and duties in respect to the continued administration which the former personal representative would have had if his appointment had not been terminated.
Enacted by Chapter 150, 1975 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 3 - Probate of Wills and Administration › Part 6 - Personal Representative - Appointment, Control, and Termination of Authority › Section 614 - Special administrator -- Appointment.

75-3-614.
Special administrator -- Appointment.
(1) A special administrator may be appointed:
(a) Informally by the registrar on the application of any interested person when necessary to protect the estate of a decedent prior to the appointment of a general personal representative or if a prior appointment has been terminated as provided in Section 75-3-609;
(b) In a formal proceeding by order of the court on the petition of any interested person and finding, after notice and hearing, that appointment is necessary to preserve the estate or to secure its proper administration including its administration in circumstances where a general personal representative cannot or should not act. If it appears to the court that an emergency exists, appointment may be ordered without notice.
Enacted by Chapter 150, 1975 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 3 - Probate of Wills and Administration › Part 6 - Personal Representative - Appointment, Control, and Termination of Authority › Section 615 - Appointment of special administrators.

75-3-615.
Appointment of special administrators.
(1) If a special administrator is to be appointed pending the probate of a will which is the subject of a pending application or petition for probate, the court shall prefer the appointment of the person named personal representative in the decedent's last will if available and qualified. In appropriate cases, the court may limit the powers given to the special administrator, it may appoint someone else to be special administrator, or it may otherwise act to protect the estate and interested persons.
(2) In other cases, any proper person may be appointed special administrator.
Amended by Chapter 179, 1992 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 3 - Probate of Wills and Administration › Part 6 - Personal Representative - Appointment, Control, and Termination of Authority › Section 616 - Special administrator -- Appointed informally -- Powers and duties.

75-3-616.
Special administrator -- Appointed informally -- Powers and duties.
A special administrator appointed by the registrar in informal proceedings pursuant to Subsection 75-3-614(1)(a) has the duty to collect and manage the assets of the estate, to preserve them, to account therefor and to deliver them to the general personal representative upon his qualification. The special administrator has the power of a personal representative under the code necessary to perform his duties.
Enacted by Chapter 150, 1975 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 3 - Probate of Wills and Administration › Part 6 - Personal Representative - Appointment, Control, and Termination of Authority › Section 617 - Special administrator -- Formal proceedings -- Power and duties.

75-3-617.
Special administrator -- Formal proceedings -- Power and duties.
A special administrator appointed by order of the court in any formal proceeding has the power of a general personal representative except as limited in the appointment and duties as prescribed in the order. The appointment may be for a specified time, to perform particular acts, or on other terms as the court may direct.
Enacted by Chapter 150, 1975 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 3 - Probate of Wills and Administration › Part 6 - Personal Representative - Appointment, Control, and Termination of Authority › Section 618 - Termination of appointment -- Special administrator.

75-3-618.
Termination of appointment -- Special administrator.
The appointment of a special administrator terminates in accordance with the provisions of the order of appointment or on the appointment of a general personal representative. In other cases, the appointment of a special administrator is subject to termination as provided in Sections 75-3-608 through 75-3-611.
Enacted by Chapter 150, 1975 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 3 - Probate of Wills and Administration › Part 7 - Duties and Powers of Personal Representatives › Section 701 - Time of accrual of duties and powers.

75-3-701.
Time of accrual of duties and powers.
The duties and powers of a personal representative commence upon his appointment. The powers of a personal representative relate back in time to give acts by the person appointed which are beneficial to the estate occurring prior to appointment the same effect as those occurring thereafter. Prior to appointment, a person named executor in a will may carry out written instructions of the decedent relating to his body, funeral, and burial arrangements. A personal representative may ratify and accept acts on behalf of the estate done by others where the acts would have been proper for a personal representative.
Enacted by Chapter 150, 1975 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 3 - Probate of Wills and Administration › Part 7 - Duties and Powers of Personal Representatives › Section 702 - Priority among different letters.

75-3-702.
Priority among different letters.
A person to whom general letters are issued first has exclusive authority under the letters until his appointment is terminated or modified. If, through error, general letters are afterwards issued to another, the first appointed representative may recover any property of the estate in the hands of the representative subsequently appointed, but the acts of the latter done in good faith before notice of the first letters are not void for want of validity of appointment.
Enacted by Chapter 150, 1975 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 3 - Probate of Wills and Administration › Part 7 - Duties and Powers of Personal Representatives › Section 703 - General duties -- Relation and liability to persons interested in estate -- Standing to sue.

75-3-703.
General duties -- Relation and liability to persons interested in estate -- Standing to sue.
(1) A personal representative is a fiduciary who shall observe the standard of care applicable to trustees as described by Section 75-7-902. A personal representative is under a duty to settle and distribute the estate of the decedent in accordance with the terms of any probated and effective will and this code and as expeditiously and efficiently as is consistent with the best interests of the estate. He shall use the authority conferred upon him by this code, the terms of the will, if any, and any order in proceedings to which he is party for the best interests of successors to the estate.
(2) A personal representative shall not be surcharged for acts of administration or distribution if the conduct in question was authorized at the time. Subject to other obligations of administration, an informally probated will is authority to administer and distribute the estate according to its terms. An order of appointment of a personal representative, whether issued in informal or formal proceedings, is authority to distribute apparently intestate assets to the heirs of the decedent if, at the time of distribution, the personal representative is not aware of a pending testacy proceeding, a proceeding to vacate an order entered in an earlier testacy proceeding, a formal proceeding questioning his appointment or fitness to continue, or a supervised administration proceeding. Nothing in this section affects the duty of the personal representative to administer and distribute the estate in accordance with the rights of claimants, the surviving spouse, any minor and dependent children, and any pretermitted child of the decedent as described elsewhere in this code.
(3) Except as to proceedings which do not survive the death of the decedent, a personal representative of a decedent domiciled in this state at his death has the same standing to sue and be sued in the courts of this state and courts of any other jurisdiction as his decedent had immediately prior to death.
Amended by Chapter 89, 2004 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 3 - Probate of Wills and Administration › Part 7 - Duties and Powers of Personal Representatives › Section 704 - Personal representative to proceed without court order -- Exception.

75-3-704.
Personal representative to proceed without court order -- Exception.
A personal representative shall proceed expeditiously with the settlement and distribution of a decedent's estate and except as otherwise specified or ordered in regard to a supervised personal representative, do so without adjudication, order, or direction of the court, but may invoke the jurisdiction of the court in proceedings authorized by this code to resolve questions concerning the estate or its administration.
Amended by Chapter 110, 1988 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 3 - Probate of Wills and Administration › Part 7 - Duties and Powers of Personal Representatives › Section 705 - Duty of personal representative -- Inventory and appraisement.

75-3-705.
Duty of personal representative -- Inventory and appraisement.
Within three months after his appointment, a personal representative, who is not a special administrator or a successor to another representative who has previously discharged this duty, shall prepare an inventory of property owned by the decedent at the time of his death, listing it with reasonable detail, and indicating as to each listed item, its fair market value as of the date of the decedent's death, and the type and amount of any encumbrance that may exist with reference to any item. The personal representative shall send a copy of the inventory to interested persons who request it. He may also file the original of the inventory with the court.
Amended by Chapter 194, 1977 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 3 - Probate of Wills and Administration › Part 7 - Duties and Powers of Personal Representatives › Section 706 - Employment of appraisers.

75-3-706.
Employment of appraisers.
The personal representative may employ a qualified and disinterested appraiser to assist him in ascertaining the fair market value as of the date of the decedent's death of any asset the value of which may be subject to reasonable doubt. Different persons may be employed to appraise different kinds of assets included in the estate. The names and addresses of any appraiser shall be indicated on the inventory with the item or items he appraised.
Enacted by Chapter 150, 1975 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 3 - Probate of Wills and Administration › Part 7 - Duties and Powers of Personal Representatives › Section 707 - Duty of personal representative -- Supplementary inventory.

75-3-707.
Duty of personal representative -- Supplementary inventory.
If any property not included in the original inventory comes to the knowledge of a personal representative or if the personal representative learns that the value or description indicated in the original inventory for any item is erroneous or misleading, he shall make a supplementary inventory or appraisement showing the market value as of the date of the decedent's death of the new item or the revised market value or descriptions, and the appraisers or other data relied upon, if any, and file it with the court if the original inventory was filed, or furnish copies thereof or information thereof to persons interested in the new information.
Enacted by Chapter 150, 1975 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 3 - Probate of Wills and Administration › Part 7 - Duties and Powers of Personal Representatives › Section 708 - Duty of personal representative -- Possession of estate.

75-3-708.
Duty of personal representative -- Possession of estate.
Except as otherwise provided by a decedent's will, every personal representative has a right to, and shall take possession or control of, the decedent's property, except that any real property or tangible personal property may be left with or surrendered to the person presumptively entitled thereto unless or until, in the judgment of the personal representative, possession of the property by him will be necessary for purposes of administration. The request by a personal representative for delivery of any property possessed by an heir or devisee is conclusive evidence, in any action against the heir or devisee for possession thereof, that the possession of the property by the personal representative is necessary for purposes of administration. The personal representative shall pay taxes on, and take all steps reasonably necessary for the management, protection, and preservation of, the estate in his possession. He may maintain an action to recover possession of property or to determine the title thereto.
Enacted by Chapter 150, 1975 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 3 - Probate of Wills and Administration › Part 7 - Duties and Powers of Personal Representatives › Section 709 - Power to avoid transfers.

75-3-709.
Power to avoid transfers.
The property liable for the payment of unsecured debts of a decedent includes all property transferred by him by any means which is in law void or voidable as against his creditors, and subject to prior liens, the right to recover this property, so far as necessary for the payment of unsecured debts of the decedent, is exclusively in the personal representative. The personal representative is not required to institute such an action unless requested by creditors who must pay or secure the cost and expenses of litigation.
Enacted by Chapter 150, 1975 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 3 - Probate of Wills and Administration › Part 7 - Duties and Powers of Personal Representatives › Section 710 - Powers of personal representatives -- In general.

75-3-710.
Powers of personal representatives -- In general.
Until termination of his appointment a personal representative has the same power over the title to property of the estate that an absolute owner would have, in trust, however, for the benefit of the creditors and others interested in the estate. This power may be exercised without notice, hearing, or order of court, unless otherwise specifically provided by this code.
Amended by Chapter 226, 1983 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 3 - Probate of Wills and Administration › Part 7 - Duties and Powers of Personal Representatives › Section 711 - Improper exercise of power -- Breach of fiduciary duty.

75-3-711.
Improper exercise of power -- Breach of fiduciary duty.
If the exercise of power concerning the estate is improper, the personal representative is liable to interested persons for damage or loss resulting from breach of his fiduciary duty to the same extent as a trustee of an express trust. The rights of purchasers and others dealing with a personal representative shall be determined as provided in Sections 75-3-712 and 75-3-713.
Enacted by Chapter 150, 1975 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 3 - Probate of Wills and Administration › Part 7 - Duties and Powers of Personal Representatives › Section 712 - Sale, encumbrance or transaction involving conflict of interest -- Voidable -- Exceptions.

75-3-712.
Sale, encumbrance or transaction involving conflict of interest -- Voidable -- Exceptions.
Any sale or encumbrance to the personal representative, his spouse, agent, or attorney, or any corporation or trust in which he has a substantial beneficial interest, or any transaction which is affected by a substantial conflict of interest on the part of the personal representative, is voidable by any person interested in the estate, except one who has consented after fair disclosure, unless:
(1) The will or a contract entered into by the decedent expressly authorized the transaction; or
(2) The transaction is approved by the court after notice to interested persons.
Amended by Chapter 30, 1992 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 3 - Probate of Wills and Administration › Part 7 - Duties and Powers of Personal Representatives › Section 713 - Persons dealing with personal representative -- Protection.

75-3-713.
Persons dealing with personal representative -- Protection.
A person who in good faith either assists a personal representative or deals with him for value is protected as if the personal representative properly exercised his power. The fact that a person knowingly deals with a personal representative does not alone require the person to inquire into the existence of a power or the propriety of its exercise. Except for restrictions on powers of supervised personal representatives which are endorsed on letters as provided in Section 75-3-504, no provision in any will or order of court purporting to limit the power of a personal representative is effective except as to persons with actual knowledge thereof. A person is not bound to see to the proper application of estate assets paid or delivered to a personal representative. The protection here expressed extends to instances in which some procedural irregularity or jurisdictional defect occurred in proceedings leading to the issuance of letters, including a case in which the alleged decedent is found to be alive. The protection here expressed is not by substitution for that provided by comparable provisions of the laws relating to commercial transactions and laws simplifying transfers of securities by fiduciaries.
Enacted by Chapter 150, 1975 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 3 - Probate of Wills and Administration › Part 7 - Duties and Powers of Personal Representatives › Section 715 - Powers and duties of successor personal representative.

75-3-715.
Powers and duties of successor personal representative.
A successor personal representative has the same power and duty as the original personal representative to complete the administration and distribution of the estate, as expeditiously as possible, but he shall not exercise any power expressly made personal to the executor named in the will.
Enacted by Chapter 150, 1975 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 3 - Probate of Wills and Administration › Part 7 - Duties and Powers of Personal Representatives › Section 716 - Co-representatives -- When joint action required.

75-3-716.
Co-representatives -- When joint action required.
If two or more persons are appointed co-representatives and unless the will provides otherwise, the concurrence of a majority is required on all acts connected with the administration and distribution of the estate. This restriction does not apply when any co-representative receives and receipts for property due the estate, when the concurrence of all cannot readily be obtained in the time reasonably available for emergency action necessary to preserve the estate, or when a co-representative has been delegated to act for the others. Persons dealing with a co-representative if actually unaware that another has been appointed to serve with him or if advised by the personal representative with whom they deal that he has authority to act alone for any of the reasons mentioned herein, are as fully protected as if the person with whom they dealt had been the sole personal representative.
Enacted by Chapter 150, 1975 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 3 - Probate of Wills and Administration › Part 7 - Duties and Powers of Personal Representatives › Section 717 - Powers of surviving personal representative.

75-3-717.
Powers of surviving personal representative.
Unless the terms of the will otherwise provide, every power exercisable by personal co-representatives may be exercised by the one or more remaining after the appointment of one or more is terminated, and if one of two or more nominated as co-executors is not appointed, those appointed may exercise all the powers incident to the office.
Enacted by Chapter 150, 1975 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 3 - Probate of Wills and Administration › Part 7 - Duties and Powers of Personal Representatives › Section 718 - Compensation of personal representative and attorney.

75-3-718.
Compensation of personal representative and attorney.
(1) A personal representative and an attorney are entitled to reasonable compensation for their services. If a petition is filed which either directly or indirectly seeks approval of the personal representative's compensation or the attorney's compensation and if no objection is filed by an interested person to the compensation requested, reasonable compensation shall be the compensation sought in the petition. When an interested person objects to the personal representative's compensation, the court shall determine reasonable compensation for the personal representative based on the quality, quantity, and value of the services rendered to the estate and the circumstances under which those services were rendered, including the practice for other fiduciaries who are in similar circumstances to the personal representative in question. When an interested person objects to the attorney's compensation, the court shall determine reasonable compensation for the attorney.
(2) When a petition seeks approval of or objects to a personal representative's compensation or an attorney's compensation, at least 10 days before the time set for the hearing of the petition, the petitioner or the petitioner's attorney shall send a copy of the petition to all interested persons either by certified, registered, or first class mail or by hand-delivery.
(3) If a will provides for compensation of the personal representative and there is no contract with the decedent regarding compensation, the personal representative may renounce the provision before qualifying and be entitled to reasonable compensation. A personal representative also may renounce his right to all or any part of the compensation. A written renunciation of fee may be filed with the court.
Amended by Chapter 245, 2013 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 3 - Probate of Wills and Administration › Part 7 - Duties and Powers of Personal Representatives › Section 719 - Expenses in estate litigation.

Effective 5/3/2023
75-3-719.
Costs and expenses in estate litigation.
(1)
(a) In a judicial proceeding involving the administration of an estate, the court may, as justice and equity may require, award costs and expenses, including reasonable attorney fees, to any party to be paid by another party or from the estate that is the subject of the controversy.
(b) This Subsection (1) does not apply to the Office of the Attorney General when the Office of the Attorney General is a party to a judicial proceeding involving the administration of an estate to protect a public or charitable interest.
(2) If any personal representative or person nominated as personal representative defends or prosecutes any proceeding in good faith, whether successful or not, the personal representative is entitled to receive from the estate the necessary expenses and disbursements, including reasonable attorney fees incurred. This Subsection (2) expressly applies in a will contest to any person nominated as a personal representative in a testamentary instrument submitted in good faith.
Amended by Chapter 421, 2023 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 3 - Probate of Wills and Administration › Part 7 - Duties and Powers of Personal Representatives › Section 720 - Proceedings for review of employment of agents and compensation of personal representatives and employees of estate.

75-3-720.
Proceedings for review of employment of agents and compensation of personal representatives and employees of estate.
After notice to all interested persons, on petition of an interested person or on appropriate motion if administration is supervised, the propriety of employment of any person by a personal representative, including any attorney, auditor, investment advisor, or other specialized agent or assistant, the reasonableness of the compensation of any person so employed, or the reasonableness of the compensation determined by the personal representative for the personal representative's own services, may be reviewed by the court. Any person who has received excessive compensation from an estate for services rendered may be ordered to make appropriate refunds.
Amended by Chapter 179, 1992 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 3 - Probate of Wills and Administration › Part 8 - Creditors' Claims › Section 801 - Notice to creditors.

75-3-801.
Notice to creditors.
(1)
(a) A personal representative, upon appointment, may publish a notice to creditors announcing the personal representative's appointment and address and notifying creditors of the estate to present their claims within three months after the date of the first publication of the notice or be forever barred.
(b) The notice described in Subsection (1)(a) shall be published:
(i) once a week for three successive weeks in a newspaper of general circulation in the county; and
(ii) in accordance with Section 45-1-101 for three weeks.
(2) A personal representative may give written notice by mail or other delivery to any creditor, notifying the creditor to present his claim within 90 days from the published notice if given as provided in Subsection (1) above or within 60 days from the mailing or other delivery of the notice, whichever is later, or be forever barred. Written notice shall be the notice described in Subsection (1) above or a similar notice.
(3) The personal representative shall not be liable to any creditor or to any successor of the decedent for giving or failing to give notice under this section.
(4) If the estate is being administered in accordance with Section 75-3-1201, a notice to creditors may be published in an affidavit in accordance with this section by the person claiming to be the successor or the decedent.
Amended by Chapter 364, 2013 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 3 - Probate of Wills and Administration › Part 8 - Creditors' Claims › Section 802 - Statutes of limitations.

75-3-802.
Statutes of limitations.
Unless an estate is insolvent the personal representative, with the consent of all successors whose interests would be affected, may waive any defense of limitations available to the estate. If the defense is not waived, no claim which was barred by any statute of limitations at the time of the decedent's death shall be allowed or paid. The running of any statute of limitations measured from some other event than death and advertisement for claims against a decedent is suspended during the three months following the decedent's death but resumes thereafter as to claims not barred pursuant to the sections which follow. For purposes of any statute of limitations, the proper presentation of a claim under Section 75-3-804 is equivalent to commencement of a proceeding on the claim.
Amended by Chapter 194, 1977 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 3 - Probate of Wills and Administration › Part 8 - Creditors' Claims › Section 803 - Limitations on presentation of claims.

Effective 5/3/2023
75-3-803.
Limitations on presentation of claims.
(1) All claims against a decedent's estate which arose before the death of the decedent, including claims of the state and any subdivision of it, whether due or to become due, absolute or contingent, liquidated or unliquidated, founded on contract, tort, or other legal basis, if not barred earlier by other statute of limitations, are barred against the estate, the personal representative, and the heirs and devisees of the decedent, unless presented within the earlier of the following dates:
(a) one year after the decedent's death; or
(b) within the time provided by Subsection 75-3-801(2) for creditors who are given actual notice, and where notice is published, within the time provided in Subsection 75-3-801(1) for all claims barred by publication.
(2) In all events, claims barred by the nonclaim statute at the decedent's domicile are also barred in this state.
(3) All claims against a decedent's estate which arise at or after the death of the decedent, including claims of the state and any of its subdivisions, whether due or to become due, absolute or contingent, liquidated or unliquidated, founded on contract, tort, or other legal basis are barred against the estate, the personal representative, and the heirs and devisees of the decedent, unless presented as follows:
(a) a claim based on a contract with the personal representative within three months after performance by the personal representative is due; or
(b) any other claim within the later of three months after it arises, or the time specified in Subsection (1)(a).
(4) Nothing in this section affects or prevents:
(a) any proceeding to enforce any mortgage, pledge, or other lien upon property of the estate;
(b) to the limits of the insurance protection only, any proceeding to establish liability of the decedent or the personal representative for which the decedent or the personal representative is protected by liability insurance;
(c) collection of compensation for services rendered and reimbursement for expenses advanced by the personal representative or by the attorney or accountant for the personal representative of the estate; or
(d) medical assistance recovery under Title 26B, Chapter 3, Part 10, Medical Benefits Recovery.
(5) If a personal representative has not been timely appointed in accordance with this chapter, one may be appointed for the limited purposes of Subsection (4)(b) for any claim timely brought against the decedent.
Amended by Chapter 330, 2023 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 3 - Probate of Wills and Administration › Part 8 - Creditors' Claims › Section 804 - Manner of presentation of claims.

75-3-804.
Manner of presentation of claims.
(1) Claims against a decedent's estate may be presented as follows:
(a) The claimant may deliver or mail to the personal representative, or the personal representative's attorney of record, a written statement of the claim indicating its basis, the name and address of the claimant, and the amount claimed, or may file a written statement of the claim, in the form prescribed by rule, with the clerk of the court. The claim is deemed presented on either the receipt of the written statement of claim by the personal representative or the personal representative's attorney of record, or the filing of the claim with the court, whichever occurs first. If a claim is not yet due, the date when it will become due shall be stated. If the claim is contingent or unliquidated, the nature of the uncertainty shall be stated. If the claim is secured, the security shall be described. Failure to describe correctly the security, the nature of any uncertainty, and the due date of a claim not yet due does not invalidate the presentation made.
(b) The claimant may commence a proceeding against the personal representative in any court where the personal representative may be subjected to jurisdiction to obtain payment of the claim against the estate, but the commencement of the proceeding must occur within the time limited for presenting the claim. No presentation of claim is required in regard to matters claimed in proceedings against the decedent which were pending at the time of the decedent's death.
(2) If a claim is presented under Subsection (1)(a), no proceeding thereon may be commenced more than 60 days after the personal representative has mailed a notice of disallowance; but, in the case of a claim which is not presently due or which is contingent or unliquidated, the personal representative may consent to an extension of the 60-day period, or to avoid injustice the court, on petition, may order an extension of the 60-day period, but in no event may the extension run beyond the applicable statute of limitations.
Amended by Chapter 110, 1988 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 3 - Probate of Wills and Administration › Part 8 - Creditors' Claims › Section 805 - Classification of claims.

Effective 5/3/2023
75-3-805.
Classification of claims.
(1) If the applicable assets of the estate are insufficient to pay all claims in full, the personal representative shall make payment in the following order:
(a) reasonable funeral expenses;
(b) costs and expenses of administration;
(c) debts and taxes with preference under federal law;
(d) reasonable and necessary medical and hospital expenses of the last illness of the decedent, including compensation of persons attending the decedent, and medical assistance if Section 26B-3-1013 applies;
(e) debts and taxes with preference under other laws of this state; and
(f) all other claims.
(2) No preference shall be given in the payment of any claim over any other claim of the same class, and a claim due and payable shall not be entitled to a preference over claims not due.
Amended by Chapter 330, 2023 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 3 - Probate of Wills and Administration › Part 8 - Creditors' Claims › Section 806 - Allowance of claims.

75-3-806.
Allowance of claims.
(1) As to claims presented in the manner described in Section 75-3-804 and within the time limit prescribed in Section 75-3-803, the personal representative may mail a notice to any claimant stating that the claim has been allowed or disallowed. If, after allowing or disallowing a claim, the personal representative changes the decision concerning the claim, the personal representative shall notify the claimant. The personal representative may not change a disallowance of a claim after the time for the claimant to file a petition for allowance or to commence a proceeding on the claim has expired and the claim has been barred. If the notice of disallowance warns the claimant of the impending bar, a claim which is disallowed in whole or in part by the personal representative is barred so far as not allowed, unless the claimant seeks a court ordered allowance by filing a petition for allowance in the court or by commencing a proceeding against the personal representative not later than 60 days after the mailing of the notice of disallowance or partial allowance. If the personal representative fails to mail notice to a claimant of action on the claim within 60 days after the time for original presentation of the claim has expired, this failure has the effect of a notice of allowance.
(2) Upon the petition of the personal representative or a claimant in a proceeding for this purpose, the court may order any claim presented to the personal representative or filed with the clerk of the court in a timely manner and not barred by Subsection (1) to be allowed in whole or in part. Notice of this proceeding shall be given to the claimant, the personal representative, and those other persons interested in the estate as the court may direct by order at the time the proceeding is commenced.
(3) A judgment in a proceeding in another court against a personal representative to enforce a claim against a decedent's estate is a court ordered allowance of the claim.
(4) Unless otherwise provided in any judgment in another court entered against the personal representative, allowed claims bear interest at the legal rate for the period commencing six months after the decedent's date of death unless based on a contract making a provision for interest, in which case they bear interest in accordance with that provision.
Amended by Chapter 179, 1992 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 3 - Probate of Wills and Administration › Part 8 - Creditors' Claims › Section 807 - Payment of claims.

75-3-807.
Payment of claims.
(1) Upon the expiration of the earliest of the time limitations provided in Section 75-3-803 for the presentation of claims, the personal representative shall proceed to pay the claims allowed against the estate in the order of priority prescribed, after making provision for homestead, family, and support allowances, for claims already presented which have not yet been allowed or whose allowance has been appealed, and for unbarred claims which may yet be presented, including costs and expenses of administration. By petition to the court in a proceeding for the purpose, or by appropriate motion if the administration is supervised, a claimant whose claim has been allowed but not paid as provided in this section may secure an order directing the personal representative to pay the claim to the extent that funds of the estate are available for the payment.
(2) The personal representative at any time may pay any just claim that has not been barred, with or without formal presentation, but he is personally liable to any other claimant whose claim is allowed and who is injured by such payment if:
(a) the payment was made before the expiration of the time limit stated in Subsection (1) and the personal representative failed to require the payee to give adequate security for the refund of any of the payment necessary to pay other claimants; or
(b) the payment was made, due to the negligence or willful fault of the personal representative, in such manner as to deprive the injured claimant of his priority.
Amended by Chapter 179, 1992 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 3 - Probate of Wills and Administration › Part 8 - Creditors' Claims › Section 808 - Individual liability of personal representative.

75-3-808.
Individual liability of personal representative.
(1) Unless otherwise provided in the contract, a personal representative is not individually liable on a contract properly entered into in his fiduciary capacity in the course of administration of the estate unless he fails to reveal his representative capacity and identify the estate in the contract.
(2) A personal representative is individually liable for obligations arising from ownership or control of the estate or for torts committed in the course of administration of the estate only if he is personally at fault.
(3) Claims based on contracts entered into by a personal representative in his fiduciary capacity, on obligations arising from ownership or control of the estate, or on torts committed in the course of estate administration may be asserted against the estate by proceeding against the personal representative in his fiduciary capacity, whether or not the personal representative is individually liable therefor.
(4) Issues of liability as between the estate and the personal representative individually may be determined in a proceeding for accounting, surcharge, or indemnification or other appropriate proceeding.
Enacted by Chapter 150, 1975 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 3 - Probate of Wills and Administration › Part 8 - Creditors' Claims › Section 809 - Secured claims.

75-3-809.
Secured claims.
Payment of a secured claim is upon the basis of the amount allowed if the creditor surrenders his security; but otherwise payment is upon the basis of one of the following:
(1) If the creditor exhausts his security before receiving payment (unless precluded by other law) upon the amount of the claim allowed less the fair value of the security; or
(2) If the creditor does not have the right to exhaust his security or has not done so, upon the amount of the claim allowed less the value of the security determined by converting it into money according to the terms of the agreement pursuant to which the security was delivered to the creditor, or by the creditor and personal representative by agreement, arbitration, compromise, or litigation.
Amended by Chapter 30, 1992 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 3 - Probate of Wills and Administration › Part 8 - Creditors' Claims › Section 810 - Claims not due and contingent or unliquidated claims.

75-3-810.
Claims not due and contingent or unliquidated claims.
(1) If a claim which will become due at a future time or a contingent or unliquidated claim becomes due or certain before the distribution of the estate, and if the claim has been allowed or established by a proceeding, it is paid in the same manner as presently due and absolute claims of the same class.
(2) In other cases the personal representative, or, on petition of the personal representative or the claimant in a special proceeding for the purpose, the court may provide for payment as follows:
(a) If the claimant consents, he may be paid the present or agreed value of the claim, taking any uncertainty into account;
(b) Arrangement for future payment, or possible payment, on the happening of the contingency or on liquidation may be made by creating a trust, giving a mortgage, obtaining a bond or security from a distributee, or otherwise.
Enacted by Chapter 150, 1975 General Session