Detailed Answer
If a bank, brokerage, or other institution holds crucial estate documents and refuses to cooperate, Utah law offers several paths to secure those records. You may need to involve the probate court, use subpoenas, or seek court orders to compel production.
1. Appoint a Personal Representative
Begin by filing a probate petition in the district court of the decedent’s county. Once the court issues Letters Testamentary or Letters of Administration under Utah Code §75-3-201 (le.utah.gov), you gain legal authority to demand estate assets and records from institutions.
2. Serve a Subpoena Duces Tecum
After appointment, you can issue a subpoena for documents under Utah Rules of Civil Procedure Rule 45 (utcourts.gov). Deliver it to the institution’s registered agent or custodian. The subpoena compels them to produce specified records at a deposition or court hearing.
3. Petition the Probate Court to Compel Production
Under Utah Code §75-3-606 (le.utah.gov), the personal representative must collect and preserve all estate property. If an institution still withholds records, file a motion in the probate case asking the judge to order the institution to release documents.
4. Use Citation Proceedings
Utah’s probate statutes allow citation for discovery. See Utah Code §75-3-601 et seq. (le.utah.gov). A citation compels nonparties—like banks—to appear before the court and produce documents under oath.
5. Enforce Court Orders
If the institution ignores subpoenas or court orders, you can seek sanctions or a contempt ruling under the Utah Rules of Civil Procedure and Utah Code Title 78B. The court may impose fines or other penalties to enforce compliance.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed Utah attorney for guidance on your specific situation.
Helpful Hints
- Gather all known account numbers and branch locations before sending requests.
- Send formal demands by certified mail, return receipt requested.
- Keep a detailed log of every phone call, email, and letter exchanged.
- Provide institutions with certified copies of death certificates and letters of appointment.
- Consult an attorney early to avoid missed deadlines in probate proceedings.