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

Full text of Utah Utah Code § 75-3-104 — Claims against decedent -- Necessity of administration -- Exclusions., with citation guidance and answers to common questions.

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

Effective 5/7/2025
75-3-104.  Claims against decedent -- Necessity of administration -- Exclusions.
(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.


Amended by Chapter 59, 2025 General Session

Source: official Utah text · Last verified 2026-08-27

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Frequently Asked Questions About Utah § 75-3-104

What does Utah Code § 75-3-104 cover?

Section 75-3-104 ("Claims against decedent -- Necessity of administration -- Exclusions.") 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 § 75-3-104?

A common citation format is "Utah Code § 75-3-104" (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 § 75-3-104 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.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Utah.