Utah Code 75-3-1006. Limitations on actions and proceedings against distributees
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(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:
Terms Used In Utah Code 75-3-1006
- Decedent: A deceased person.
- Devisee: means any person designated in a will to receive a devise. See Utah Code 75-1-201 v2
- Distributee: means any person who has received property of a decedent from his personal representative other than as a creditor or purchaser. See Utah Code 75-1-201 v2
- Fraud: Intentional deception resulting in injury to another.
- Personal representative: includes executor, administrator, successor personal representative, special administrator, and persons who perform substantially the same function under the law governing their status. See Utah Code 75-1-201 v2
- Proceeding: includes action at law and suit in equity. See Utah Code 75-1-201 v2
- Property: includes both real and personal property or any interest therein and means anything that may be the subject of ownership. See Utah Code 75-1-201 v2
- Successor personal representative: means a personal representative, other than a special administrator, who is appointed to succeed a previously appointed personal representative. See Utah Code 75-1-201 v2
(1)(a) as to a claim by a creditor of the decedent, one year after the decedent’s death; and
(1)(b) as to any other claimant and any heir or devisee, at the later of:
(1)(b)(i) three years after the decedent’s death; or
(1)(b)(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.