75-7-510 - Manner of presentation of claims. - Utah Statutes

75-7-510. Manner of presentation of claims.
(1) Claims against a deceased settlor's estate or inter vivos revocable trust shall bepresented as follows:
(a) The claimant may deliver or mail to the trustee, or the trustee's attorney of record, awritten statement of the claim indicating its basis, the name and address of the claimant, and theamount claimed. The claim is considered presented upon the receipt of the written statement ofclaim by the trustee or the trustee's attorney of record. If a claim is not yet due, the date when itwill become due shall be stated. If the claim is contingent or unliquidated, the nature of theuncertainty shall be stated. If the claim is secured, the security shall be described. Failure todescribe correctly the security, the nature of any uncertainty, and the due date of a claim not yetdue does not invalidate the presentation made.
(b) The claimant may commence a proceeding against the trustee in any court where thetrustee may be subjected to jurisdiction to obtain payment of the claim against the deceasedsettlor's estate or the trust estate, but the commencement of the proceeding must occur within thetime limited for presenting the claim. No presentation of claim is required in regard to mattersclaimed in proceedings against the deceased settlor which were pending at the time of thedeceased settlor's death.
(2) If a claim is presented under Subsection (1)(a), no proceeding thereon may becommenced more than 60 days after the trustee has mailed a notice of disallowance; but, in thecase of a claim which is not presently due or which is contingent or unliquidated, the trustee mayconsent to an extension of the 60-day period, or to avoid injustice, the court, on petition, mayorder an extension of the 60-day period, but in no event may the extension run beyond theapplicable statute of limitations.

Renumbered and Amended by Chapter 89, 2004 General Session