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UTAH STATUTES AND CODES
75-5-428 - Claims against protected person -- Enforcement.
75-5-428. Claims against protected person -- Enforcement.
(1) A conservator must pay from the estate all just claims against the estate and againstthe protected person arising before or after the conservatorship upon their presentation andallowance. A claim may be presented by either of the following methods:
(a) The claimant may deliver or mail to the conservator a written statement of the claimindicating its basis, the name and address of the claimant, and the amount claimed.
(b) The claimant may file a written statement of the claim, in the form prescribed by rule,with the clerk of the court and deliver or mail a copy of the statement to the conservator. A claimis considered presented on the first to occur of receipt of the written statement of claim by theconservator, or the filing of the claim with the court.
(2) A presented claim is allowed if it is not disallowed by written statement mailed by theconservator to the claimant within 60 days after its presentation. The presentation of a claim tollsany statute of limitation relating to the claim until 30 days after its disallowance.
(3) A claimant whose claim has not been paid may petition the court for determination ofhis claim at any time before it is barred by the applicable statute of limitation, and, upon dueproof, procure an order for its allowance and payment from the estate. If a proceeding is pendingagainst a protected person at the time of appointment of a conservator or is initiated against theprotected person thereafter, the moving party must give notice of the proceeding to theconservator if the outcome is to constitute a claim against the estate.
(4) If it appears that the estate in conservatorship is likely to be exhausted before allexisting claims are paid, preference is to be given to prior claims for the care, maintenance, andeducation of the protected person or his dependents and existing claims for expenses ofadministration.
(1) A conservator must pay from the estate all just claims against the estate and againstthe protected person arising before or after the conservatorship upon their presentation andallowance. A claim may be presented by either of the following methods:
(a) The claimant may deliver or mail to the conservator a written statement of the claimindicating its basis, the name and address of the claimant, and the amount claimed.
(b) The claimant may file a written statement of the claim, in the form prescribed by rule,with the clerk of the court and deliver or mail a copy of the statement to the conservator. A claimis considered presented on the first to occur of receipt of the written statement of claim by theconservator, or the filing of the claim with the court.
(2) A presented claim is allowed if it is not disallowed by written statement mailed by theconservator to the claimant within 60 days after its presentation. The presentation of a claim tollsany statute of limitation relating to the claim until 30 days after its disallowance.
(3) A claimant whose claim has not been paid may petition the court for determination ofhis claim at any time before it is barred by the applicable statute of limitation, and, upon dueproof, procure an order for its allowance and payment from the estate. If a proceeding is pendingagainst a protected person at the time of appointment of a conservator or is initiated against theprotected person thereafter, the moving party must give notice of the proceeding to theconservator if the outcome is to constitute a claim against the estate.
(4) If it appears that the estate in conservatorship is likely to be exhausted before allexisting claims are paid, preference is to be given to prior claims for the care, maintenance, andeducation of the protected person or his dependents and existing claims for expenses ofadministration.
Amended by Chapter 306, 2007 General Session
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