Utah Code 75-7-508. Notice to creditors
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(1)
Terms Used In Utah Code 75-7-508
- 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
- Inter vivos: Transfer of property from one living person to another living person.
- Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).
- Trust: includes :(60)(a)(i) a health savings account, as defined in Section 223of the Internal Revenue Code;(60)(a)(ii) an express trust, private or charitable, with additions thereto, wherever and however created; or(60)(a)(iii) a trust created or determined by judgment or decree under which the trust is to be administered in the manner of an express trust. See Utah Code 75-1-201 v2
- Trustee: A person or institution holding and administering property in trust.
- Trustee: includes an original, additional, and successor trustee, and cotrustee, whether or not appointed or confirmed by the court. See Utah Code 75-1-201 v2
(1)(a) A trustee for an inter vivos revocable trust, upon the death of the settlor, may publish a notice to creditors:(1)(a)(i) once a week for three successive weeks in a newspaper of general circulation in the county where the settlor resided at the time of death; and(1)(a)(ii) in accordance with Section 45-1-101 for three weeks.(1)(b) The notice required by Subsection (1)(a) shall:(1)(b)(i) provide the trustee‘s name and address; and(1)(b)(ii) notify creditors:(1)(b)(ii)(A) of the deceased settlor; and(1)(b)(ii)(B) to present their claims within three months after the date of the first publication of the notice or be forever barred from presenting the claim.
(2) A trustee shall give written notice by mail or other delivery to any known creditor of the deceased settlor, notifying the creditor to present the creditor’s claim within 90 days from the published notice if given as provided in Subsection (1) or within 60 days from the mailing or other delivery of the notice, whichever is later, or be forever barred. Written notice shall be the notice described in Subsection (1) or a similar notice.
(3)
(3)(a) If the deceased settlor received medical assistance, as defined in Section 26B-3-1001, at any time after the age of 55, the trustee for an inter vivos revocable trust, upon the death of the settlor, shall mail or deliver written notice to the Director of the Office of Recovery Services, on behalf of the Department of Health and Human Services, to present any claim under Section 26B-3-1013 within 60 days from the mailing or other delivery of notice, whichever is later, or be forever barred.
(3)(b) If the trustee does not mail notice to the director of the Office of Recovery Services on behalf of the department in accordance with Subsection (3)(a), the department shall have one year from the death of the settlor to present its claim.
(4) The trustee is not liable to any creditor or to any successor of the deceased settlor for giving or failing to give notice under this section.
(5) The notice to creditors shall be valid against any creditor of the trust and also against any creditor of the estate of the deceased settlor.