Should an executor confirm available estate funds before settling a creditor claim? (UT)

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Detailed Answer

Under Utah law, a personal representative (commonly called an executor) must manage estate assets prudently and satisfy valid creditor claims in the proper order. Confirming that sufficient funds exist before paying a creditor helps protect the estate from insolvency and shields the representative from personal liability for mispayment or premature distributions.

Why Verify Funds?

  • Ensures the estate remains solvent and can cover all obligations
  • Maintains the priority of claims as defined by statute
  • Reduces the risk of personal liability for the executor

Step-by-Step Guide

  1. Complete and file an inventory of estate assets (Utah Code § 75-3-705).
  2. Review bank statements, investment accounts, and cash on hand.
  3. Allow or reject creditor claims following the claim allowance period (Utah Code § 75-3-803).
  4. Confirm that the estate’s liquid assets cover the full amount of each allowed claim.
  5. If funds are insufficient, notify the court and creditors, and follow statutory priority rules (Utah Code § 75-3-802).
  6. Obtain court approval before selling estate property or tapping restricted assets to satisfy debts.

Key Statutory References

Helpful Hints

  • Keep detailed, up-to-date estate accounting records.
  • Communicate openly with creditors and beneficiaries about asset availability.
  • Consider obtaining a surety bond if estate liquidity is uncertain.
  • Seek guidance from a probate attorney when handling large or complex estates.
  • File the inventory promptly to identify all assets early.

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for advice tailored to your situation.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.