Utah § 75-3-803 - Limitations on presentation of claims.
Full text of Utah Utah Code § 75-3-803 — Limitations on presentation of claims., with citation guidance and answers to common questions.
§ 75-3-803. Limitations on presentation of claims.
Effective 5/7/2025 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;
(d)
medical assistance recovery under Title 26B, Chapter 3, Part 10, Medical Benefits Recovery; or
(e)
any proceeding to enforce or collect a criminal account receivable, civil judgment of restitution, or civil account receivable, as those terms are defined in Section 77-32b-102.
(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.
Section 75-3-803 ("Limitations on presentation of claims.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 75-3-803?
A common citation format is "Utah Code § 75-3-803" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 75-3-803 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
