Determining if a Probate Estate Has Been Opened in Utah
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult an attorney for guidance on your specific situation.
Detailed Answer
When a person dies leaving assets, their estate may go through probate, a court-supervised process to transfer property and settle debts. In Utah, probate cases are filed in the district court of the decedent’s county of residence. Public access to court records generally applies under Utah’s Government Records Access and Management Act (Utah Code Ann. §63G-2-201). Here’s how to confirm if probate has been opened:
1. Identify the Decedent’s County of Residence
Probate filings occur in the district court where the decedent lived at death. If you’re unsure of the county, check the decedent’s last address, obituary, or death certificate.
2. Search Online Court Records
Visit the Utah Courts case search portal at https://www.utcourts.gov/CaseSearch/. Select “Probate” as the case type and enter the decedent’s full name. If a probate case exists, you will see a case number, parties, and filing date.
3. Contact the District Court Clerk
If online records are inconclusive, call or visit the clerk’s office at the relevant district courthouse. Provide the decedent’s full name and date of death. Clerks can confirm whether a probate case has been opened and provide public documents, such as the petition for probate (Utah Code Ann. §75-3-201).
4. Check Probate Notices in Local Publications
Under Utah Code Ann. §75-3-405, personal representatives must publish a notice to creditors in a local newspaper after opening probate. Reviewing archives of county newspapers or public notice websites may reveal such publications and indicate an open estate.
5. File a GRAMA Request
If you hit a dead end, you can make a records request under Utah’s GRAMA (Utah Code Ann. §63G-2-101 et seq.). This statutory process lets you obtain court records not readily accessible online.
Helpful Hints
- Know the decedent’s full legal name and exact date of death.
- Verify the correct county – probate is rarely transferred across jurisdictions.
- Use the Utah Courts case search early to save time.
- Be ready to pay small fees for copying or certified copies of documents.
- If you represent creditors, note that deadlines for filing claims follow published notices.
- Seek professional help if the case involves substantial assets or complex family issues.