Detailed Answer
When you need estate records from a third party or custodian, you must ask the probate court to issue a subpoena duces tecum. Under Utah R. Civ. P. 45, you may compel a nonparty to produce documents and permit inspection at a designated time and place. In Utah, district courts handle probate matters following the transfer of probate jurisdiction effective 2020 (see Utah Code § 78A-2-101).
- Identify the Records and Custodian. List the estate records (bank statements, property titles, appraisal reports) and the party who holds them.
- Prepare the Subpoena. Use the court’s approved form or follow Utah R. Civ. P. 45(a). Specify the date, time, and location for production. Include a copy of the notice to the custodian.
- File the Subpoena with the Court. Submit the original subpoena and any required filing fee to the district court clerk. For fee details, check the local court fee schedule.
- Serve the Subpoena. Complete service at least 14 days before the production date if seeking records more than 100 miles away, or at least 5 days if closer (Utah R. Civ. P. 45).
- Address Objections. The custodian may object or seek a protective order under Rule 45(d). File a motion to compel if necessary.
- Attend the Production. Review and copy the records. Request certification or affidavit from the custodian to authenticate the documents.
- Use in Court. File the records with the court, attach them to motions or evidentiary filings, and follow court rules for exhibits.
Be mindful of privacy laws, such as HIPAA if medical records are involved, and bank secrecy laws. Seek guidance from local court clerks for form templates and deadlines.
Helpful Hints
- Consult the district court clerk to obtain the correct subpoena form.
- Serve the subpoena via a nonparty over 18 to avoid personal bias challenges.
- Keep proof of service handy when filing motions.
- Redact Social Security numbers or sensitive data not relevant to the estate.
- Follow up promptly if a custodian fails to comply.
- Attend any hearings on objections to avoid surprise rulings.
Disclaimer: This article provides general information under Utah law and does not constitute legal advice.