Utah Code
Utah Code § 75-5-429 (2026)
Individual liability of conservator
✓ current as of May 2026
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Unless otherwise provided in the contract, a conservator 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.
The conservator is individually liable for obligations arising from ownership or control of property of the estate or for torts committed in the course of administration of the estate only if he is personally at fault.
Claims based on contracts entered into by a conservator in his fiduciary capacity, on obligations arising from ownership or control of the estate, or on torts committed in the course of administration of the estate may be asserted against the estate by proceeding against the conservator in his fiduciary capacity, whether or not the conservator is individually liable therefor.
Any question of liability between the estate and the conservator individually may be determined in a proceeding for accounting, surcharge, indemnification, or other appropriate proceeding or action.
Notes of Decisions
Cited in 2
cases, 2019–2019 · leading case: In re Stephen M. Weidner, 2019 UT App 10 (Utah Ct. App. 2019).
In re Stephen M. Weidner, 2019 UT App 10 (Utah Ct. App. 2019). “See Utah Code Ann. § 75-5-429 (1) (LexisNexis Supp.”
In re Jacobson, 2019 UT App 56 (Utah Ct. App. 2019). “" Utah Code Ann. § 75-5-429 (4) (Michie 1993).”
— Utah Code § 75-5-429(1) — 1 case
In re Stephen M. Weidner, 2019 UT App 10 (Utah Ct. App. 2019). “See Utah Code Ann. § 75-5-429 (1) (LexisNexis Supp.”
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