Section 1006 - Limitations on actions and proceedings against distributees.

UT Code § 75-3-1006 (2019) (N/A)

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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: (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.

(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.

(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.

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Section 1005 - Limitations on proceedings against personal representative.

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