Utah Code 75-6-415. Liability for creditor claims and statutory allowances
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(1) To the extent the transferor‘s probate estate is insufficient to satisfy an allowed claim against the estate or a statutory allowance to a surviving spouse or child, only the estate may enforce the liability against property transferred at the transferor’s death by a transfer on death deed.
Terms Used In Utah Code 75-6-415
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Estate: includes the property of the decedent, trust, or other person whose affairs are subject to this title as originally constituted and as it exists from time to time during administration. See Utah Code 75-1-201 v2
- Probate: Proving a will
- Proceeding: includes action at law and suit in equity. See Utah Code 75-1-201 v2
- Property: means an interest in real property located in this state that is transferable on the death of the owner. See Utah Code 75-6-402
- Transferor: means an individual, in their individual capacity, who makes a transfer on death deed. See Utah Code 75-6-402
(2) If more than one property is transferred by one or more transfer on death deeds, the liability under Subsection (1) is apportioned among the properties in proportion to their net values at the transferor’s death.
(3) A probate proceeding to enforce the liability under this section shall be commenced not later than 12 months after the transferor’s death.
(4) The estate may expressly waive the estate’s claim against the property.