Insolvent Probate Estate Claim-Payment Priority in Utah

Short answer Utah puts reasonable funeral expenses first when applicable estate assets cannot pay every claim, then administration costs, federally preferred debts and taxes, last-illness expenses, debts preferred under other Utah laws, and all other claims. The representative must provide for homestead, family, and support allowances and unresolved or still possible claims before paying allowed claims. Claims in the same class have no preference over one another, even when one is already due.
State
Utah
Statute checked
October 5, 2026
Sources
4 statutes

At a glance

Statutory payment orderSix classes under § 75-3-805(1); § 75-3-807(1) separately governs payment after claim-presentation time.
Administration costsSecond: costs and expenses of administration (§ 75-3-805(1)(b)); reserve for them before allowed-claim payments (§ 75-3-807(1)).
Funeral and last illnessFirst: reasonable funeral expenses; fourth: reasonable necessary last-illness medical/hospital care and attendant pay (§ 75-3-805(1)(a),(d)).
Family and homestead allowancesNot a numbered § 75-3-805 class; provide for homestead, family and support allowances before allowed-claim payments (§ 75-3-807(1)).
Taxes and public claimsThird: federal-law preferred debts/taxes; fourth: medical assistance if § 26B-3-1013 applies; fifth: Utah-law preferred debts/taxes (§ 75-3-805(1)(c)–(e)).
Secured claimsEstate payment on a secured claim uses full allowed amount if security is surrendered; otherwise deduct the security's fair or determined value (§ 75-3-809).
Support and special debtsFourth-class last-illness attendant compensation; separate prepayment provision for support allowance (§§ 75-3-805(1)(d), 75-3-807(1)).
General claimsSixth: all other claims (§ 75-3-805(1)(f)).
Underfunded classNo preference among same-class claims, including not-yet-due claims; § 75-3-805(2) gives no numeric proration formula.

Requirements one by one

Last-illness and public claims

Under § 75-3-805(1), federal-law preferred debts and taxes precede reasonable and necessary last-illness medical and hospital expenses, including payment for people attending the decedent. That fourth class also covers medical assistance when § 26B-3-1013 applies. Debts and taxes preferred under other Utah laws follow in the fifth class; remaining claims are sixth.

Allowances and unresolved claims before payment

Under § 75-3-807(1), the representative makes provision for homestead, family, and support allowances, as well as unresolved and still timely claims, before paying allowed claims by priority. An allowed but unpaid claimant can ask the court to order payment to the extent estate funds are available.

Secured claims

Section 75-3-809 uses the full allowed amount if the creditor gives up the security. Otherwise, it subtracts the fair value after exhaustion, or a value determined by the collateral agreement or by agreement, arbitration, compromise, or litigation. Under § 75-3-809, the creditor's payment basis changes with the collateral choice.

What trips people up

Under § 75-3-805(2), a presently payable claim does not outrank one not yet due in the same class. The section states no numeric proration formula for an underfunded class.

Common questions

Is there a funeral-expense dollar cap in the preferred class? Section 75-3-805(1)(a) requires funeral expenses to be reasonable but states no dollar ceiling.

Can the representative pay a just claim before formal presentation? Under § 75-3-807(2), an unbarred just claim may be paid, but the representative is personally liable to an injured allowed claimant in the specified early-payment or priority-deprivation circumstances.

Statutes and sources

  • Utah Code §§ 75-3-805, 75-3-807, and 75-3-809. Verbatim current official text, URLs, and access dates appear in the source fields above.

Source links

Every statute quoted above, linked, with the date we checked it.

Utah Code § 75-3-805 · accessed 2026-10-05
Utah Code § 75-3-807(1) · accessed 2026-10-05
Utah Code § 75-3-807(2) · accessed 2026-10-05
Utah Code § 75-3-809 · accessed 2026-10-05
This page summarizes statutory probate payment priorities, not advice about a specific estate or claim. Claim validity, federal law, liens, and court orders can change the result. Check current official law and consult a licensed adviser before acting.

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