Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
Overview
In Utah probate, the personal representative must notify creditors so they can file claims against the estate. Notification follows two tracks: known creditors receive mailed notice, and unknown creditors receive published notice.
Notice to Known Creditors
Within 30 days after appointment, the personal representative mails each known creditor a copy of the notice to creditors. “Known creditor” means anyone the representative knows or reasonably should know has a claim. The notice must include:
- Decedent’s full name and date of death.
- Representative’s name and address.
- Instructions on how and when to present a claim.
This requirement appears in Utah Code § 75-3-802.
Notice to Unknown Creditors
The personal representative publishes notice once a week for three consecutive weeks in a newspaper of general circulation in the county where probate is filed. The published notice must state the same information as mailed notices. The representative files an affidavit of publication with the court after the third insertion.
Time Limits for Presenting Claims
- Known creditors: Claims due within 2 months after the date of mailing the notice.
- Unknown creditors: Claims due within 4 months after the first date of publication.
Claims filed after these deadlines are barred unless the court orders relief for good cause. See Utah Code § 75-3-803.
Special Considerations for Medical Debt Collectors
Medical debt collectors qualify as unsecured creditors. If the estate’s records list outstanding medical bills at the time of appointment, the representative must mail notice to each collector. If the representative is unaware of a collector until after appointment, publication covers that collector as an unknown creditor.
What Happens if a Claim Is Late
If a creditor misses the applicable deadline, the claim is ordinarily barred and the estate need not pay it. In rare cases, the court may allow a late claim if the creditor shows excusable neglect and the estate has sufficient assets.
Hypothetical Timeline
Suppose Jane Doe dies on March 1. The personal representative mails notices on April 1 and publishes in the local newspaper on April 5, 12, and 19. Known creditors must file by June 1 (two months after April 1). Unknown creditors must file by August 5 (four months after April 5).
Helpful Hints
- Compile a list of all potential creditors, including medical providers, before you start probate.
- Keep stamped receipts or certified mail return cards as proof of service.
- Choose a newspaper with wide local circulation for publication.
- File affidavits of mailing and publication with the court promptly.
- Review Utah Code sections 75-3-802 and 75-3-803 at le.utah.gov for exact language.
- Consider consulting a probate attorney if you face complex creditor disputes.