(1) If the applicable assets of the deceased settlor’s estate or trust estate are insufficient to pay all claims in full, the trustee shall make payment in the following order:

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Terms Used In Utah Code 75-7-511

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • 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
  • State: means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, any territory or insular possession subject to the jurisdiction of the United States, or a Native American tribe or band recognized by federal law or formally acknowledged by a state. See Utah Code 75-1-201 v2
  • 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
     (1)(a) reasonable funeral expenses;
     (1)(b) costs and expenses of administration;
     (1)(c) debts and taxes with preference under federal law;
     (1)(d) reasonable and necessary medical and hospital expenses of the last illness of the deceased settlor, including compensation of persons attending the deceased settlor, and medical assistance if Section 26B-3-1013 applies;
     (1)(e) debts and taxes with preference under other laws of this state; and
     (1)(f) all other claims.
(2) No preference shall be given in the payment of any claim over any other claim of the same class, and a claim due and payable shall not be entitled to a preference over claims not due.