75B-2-510. Manner of presentation of claims.

344 words·~2 min read·/ut/title-75b/chapter-2/75b-2-510

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/7/2025

(1)Claims against a deceased settlor's estate or inter vivos revocable trust shall be presented as follows:

(i)The claimant may deliver or mail to the trustee, or the trustee's attorney of record, a written statement of the claim indicating its basis, the name and address of the claimant, and the amount claimed.

(ii)The claim is considered presented upon the receipt of the written statement of claim by the trustee or the trustee's attorney of record.

(iii)If a claim is not yet due, the date when the claim will become due shall be stated.

(iv)If the claim is contingent or unliquidated, the nature of the uncertainty shall be stated.

(v)If the claim is secured, the security shall be described.

(vi)Failure to describe correctly the security, the nature of any uncertainty, and the due date of a claim not yet due does not invalidate the presentation made.

(i)The claimant may commence a proceeding against the trustee in any court where the trustee may be subjected to jurisdiction to obtain payment of the claim against the deceased settlor's estate or the trust estate, but the commencement of the proceeding must occur within the time limited for presenting the claim.

(ii)No presentation of claim is required in regard to matters claimed in proceedings against the deceased settlor which were pending at the time of the deceased settlor's death.

(a)If a claim is presented under Subsection (1)(a) , a proceeding may not be commenced more than 60 days after the trustee has mailed a notice of disallowance.

(b)Notwithstanding Subsection (2)(a) , in the case of a claim which is not presently due or which is contingent or unliquidated, the trustee may consent to an extension of the 60-day period, or to avoid injustice, the court, on petition, may order an extension of the 60-day period, except that the extension may not run beyond the applicable statute of limitations.

Renumbered and Amended by Chapter 310 , 2025 General Session