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Utah Code § 75-3-1006

Limitations on actions and proceedings against distributees

Applied in 3 court decisions — leading case Matter of Estate of Morrison (1997)

Most recently applied in Uzelac v. Uzelac (January 2008)

Amended by Chapter 179, 1992 General Session

How often courts cite this section

19972000200810
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) Unless previously adjudicated in a formal testacy proceeding or in a proceeding settling the accounts of a personal representative or otherwise barred, the claim of any claimant to recover from a distributee who is liable to pay the claim, and the right of any heir or devisee or of a successor personal representative acting in their behalf, to recover property improperly distributed or the value thereof from any distributee is barred at the later of:

(a) as to a claim by a creditor of the decedent, one year after the decedent's death; and

(b) as to any other claimant and any heir or devisee, at the later of:

(i) three years after the decedent's death; or

(ii) one year after the time of distribution thereof.

(2) This section does not bar an action to recover property or value received as the result of fraud.

Official source: Utah State Legislature. Reproduced from public-domain Utah statutes; confirm against the official source for the current text. Not legal advice.