Detailed Answer
To invoke Utah’s two-year bar on creditor claims, a client must confirm that the personal representative properly notified all creditors under Utah Code § 75-3-801 and § 75-3-803. If notice procedures were not followed, the two-year deadline may not apply.
1. Obtain the Probate File
Request a certified copy of the decedent’s probate file from the district court clerk where the estate was opened. The file must include proof of creditor notice.
2. Review Proof of Mailing to Known Creditors
Under Utah Code § 75-3-801(3), the personal representative mails written notice to each known creditor. Look for an Affidavit of Mailing or certificates of service listing creditor names, addresses, mailing dates and the representative’s signature. Link: Utah Code § 75-3-801.
3. Examine Publication Notice
For unknown creditors, the representative must publish notice once a week for three consecutive weeks in a newspaper of general circulation. Confirm publication by locating an Affidavit of Publication or copy of the published notice with a publisher’s seal. Link: Utah Code § 75-3-803.
4. Check Court Orders
Find any order by the court approving the representative’s proof of notice. This order often appears on the docket sheet. It confirms the court accepted the affidavit(s) and started the two-year clock on the date of the decedent’s death.
5. Confirm the Two-Year Bar Date
Utah’s two-year rule (see Utah Code § 75-3-803(4)) generally begins on the date of death. Confirm this date in the death certificate or estate petition, and count two years forward to establish the deadline for claims.
Helpful Hints
- Use the court docket number to request specific filings from the clerk.
- Compare creditor lists in the inventory and mailing affidavits for consistency.
- If the probate file lacks proof of notice, request it from the personal representative or estate attorney.
- Note the newspaper’s name and publication dates when verifying publication.
- Record the date the court accepted notice to determine the exact two-year cutoff.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your situation.