UTAH CODE (Last Updated: January 16, 2015) |
Title 75. Utah Uniform Probate Code |
Chapter 5. Protection of Persons Under Disability and Their Property |
Part 4. Protection of Property of Persons Under Disability and Minors |
§ 75-5-428. Claims against protected person -- Enforcement.
Latest version.
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(2) A presented claim is allowed if it is not disallowed by written statement mailed by the conservator to the claimant within 60 days after its presentation. The presentation of a claim tolls any statute of limitation relating to the claim until 30 days after its disallowance. (3) A claimant whose claim has not been paid may petition the court for determination of his claim at any time before it is barred by the applicable statute of limitation, and, upon due proof, procure an order for its allowance and payment from the estate. If a proceeding is pending against a protected person at the time of appointment of a conservator or is initiated against the protected person thereafter, the moving party must give notice of the proceeding to the conservator if the outcome is to constitute a claim against the estate. (4) If it appears that the estate in conservatorship is likely to be exhausted before all existing claims are paid, preference is to be given to prior claims for the care, maintenance, and education of the protected person or his dependents and existing claims for expenses of administration.
Amended by Chapter 306, 2007 General Session