Utah Code
Utah Code § 75-3-104 (2026)
Claims against decedent -- Necessity of administration -- Exclusions
✓ laws through the 2026 General Session (checked Sept. 2026)
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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.
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.
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.
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.
For purposes of this chapter, a lien or right to recover described in Section 26B-3-1013 is not a claim.
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