Detailed Answer
Short answer: In Utah you cannot usually “force” a sibling to hand over a private estate plan while your parents are alive. Your legal options depend on whether the parents are alive or deceased, whether the document is a will, trust, or power of attorney, and whether the sibling is acting in a fiduciary role (for example, as a trustee or agent). Below is a clear, step-by-step explanation of what the law allows and practical steps you can take.
If your parents are alive
1) Privacy: Estate planning documents (wills, revocable trusts, powers of attorney, health-care directives) are normally private while the grantor/testator is alive. No general Utah statute gives an adult child an automatic right to copies of parents’ estate documents while the parents are competent and expressly withhold them.
2) Ask the parent first: The easiest path is to ask the parent directly to provide a copy or to tell you who their attorney is. If your parents are competent and willing, they can freely provide copies or authorize their attorney to do so.
3) If a sibling is an agent, trustee, or guardian: If your sibling is acting as a fiduciary for a living parent (for example, under a durable power of attorney or as successor trustee), Utah law imposes duties on fiduciaries to act in the principal’s or beneficiaries’ best interests. A trustee has a duty to keep beneficiaries reasonably informed and to respond to reasonable requests for information about the trust and trust administration. See Utah’s trust law: Title 75, Chapter 7 (Trusts) https://le.utah.gov/xcode/Title75/Chapter7/75-7.html. If your sibling is refusing to provide basic information about trust administration after the trust becomes irrevocable or after they accept trusteeship, you can demand performance of fiduciary duties and, if necessary, ask a court to compel disclosure.
4) If you believe the parent lacks capacity or the sibling is misusing authority: You may be able to ask the court to appoint a conservator or guardian (temporary or permanent). Guardianship/conservatorship procedures and the court’s power to require inventories and accountings differ from ordinary requests; if the court appoints a conservator, that fiduciary will have to file inventories and reports with the court. See Utah probate and guardianship provisions: Title 75 (Probate, Trusts, and Estates) https://le.utah.gov/xcode/Title75/75-00.html.
If a parent has died
1) Wills: Once a person dies and a will is presented for probate, the probate file becomes part of the court record and interested persons can obtain copies from the probate court. If your sibling is refusing to file or to turn over a will that you believe exists, you can file a petition in probate court asking the court to order production of the will or open an estate. Utah’s probate rules and statutes govern filing wills and probate administration. See Title 75, Chapter 3 (Wills) https://le.utah.gov/xcode/Title75/Chapter3/75-3.html.
2) Trusts: If the deceased created a living trust, the successor trustee has duties to beneficiaries. After death, many trust statutes require the trustee to notify beneficiaries and may require providing copies of the trust or relevant portions to beneficiaries. Utah’s trust provisions (Title 75, Chapter 7) control those obligations. If the sibling refuses to provide required notices or copies, beneficiaries can petition the probate/trust court for relief.
Practical legal routes to compel production or enforce rights
– Send a written demand: Send a clear, dated, written request to your sibling explaining who you are, your relationship to the estate, and the documents you want. Keep copies and proof of delivery.
– Contact the parents’ attorney: If you know the drafting attorney, request the document through the attorney. Many attorneys will not release documents without the client’s consent, but an attorney can confirm whether they represent the parent and advise whether the parent authorizes disclosure.
– Use fiduciary-duty enforcement: If the sibling is a trustee, agent under power of attorney, or appointed guardian/conservator, you can demand statutorily required accountings, inventories, or copies. If the fiduciary still refuses, file a petition in the appropriate Utah court asking the judge to order disclosure or to compel an accounting.
– Open probate (if a will is being withheld after death): File a petition to open probate in the county where the decedent lived. If you can show a will exists and someone is withholding it, the court can order production. Probate procedures and requirements are in Utah’s probate statutes (see Title 75).
– Consider subpoena or discovery in related litigation: If you have a lawsuit with the sibling or another party that relates to the estate, you can use discovery rules or a subpoena to obtain documents from the sibling or from third parties who possess the documents (for example, an attorney or bank). Courts can enforce subpoenas with sanctions.
Things courts consider
– Your legal status: Courts give more deference to “interested persons” (beneficiaries, heirs, named individuals) than to distant relatives or strangers. Being an identified beneficiary or heir makes a court more likely to order disclosure.
– Whether the document is a trust that’s become irrevocable or a will after death: Trustees and personal representatives have clear post-death duties. While the trust is revocable and the settlor is alive and competent, a trustee may have fewer disclosure obligations.
– Evidence that the document exists and is being withheld: Documentation and sworn statements that a will/trust exists and that a sibling has it will strengthen a petition to the court.
What to prepare before you go to court or speak with an attorney
- Proof of your relation and interest (copy of family tree, beneficiary designation, or other documents if available).
- Any written requests you already made and proof of delivery.
- Names of the parents’ attorney(s), banks, or institutions that might hold originals.
- Any evidence the sibling has acted as a fiduciary (signatures on checks, bank statements, communications showing control).
When you should talk to a Utah attorney
If your sibling still refuses after a written demand and you have reason to think a fiduciary duty or probate rule applies, consult a Utah attorney who handles probate, trusts, and guardianships. An attorney can tell you whether to file for probate, petition for an accounting, or seek appointment of a conservator or guardian. They can draft the right court papers and, if necessary, a subpoena or petition to compel production.
Typical outcomes and timeline
Small requests resolved by talking to the parent or attorney can be finished in days. Formal court petitions (probate, trust accounting, or guardianship) can take weeks to months depending on complexity and whether another party contests the request.
Important Utah statutes to review
- Utah Trusts (duties of trustees and beneficiaries): Title 75, Chapter 7 (Trusts) — https://le.utah.gov/xcode/Title75/Chapter7/75-7.html
- Utah Wills and Probate provisions: Title 75, Chapter 3 (Wills) and related probate sections — https://le.utah.gov/xcode/Title75/Chapter3/75-3.html
- General Title 75 index (probate, trusts, estates): https://le.utah.gov/xcode/Title75/75-00.html
Helpful Hints
- Start by asking the parent directly. It’s the fastest, lowest-conflict option.
- Keep all communications written and dated. Courts rely on records.
- Identify whether the document is a will, trust, or power of attorney—each follows different rules in Utah.
- If the sibling is a trustee or agent, ask specifically for the notices, inventories, or accountings fiduciaries must provide.
- If a parent is incapacitated and you fear misuse of authority, consider an emergency petition for temporary conservatorship or guardian.
- Get a consultation with a Utah probate/trust attorney before filing court petitions; an attorney can evaluate your status as an “interested person” and advise the best filing strategy.
- Be realistic about costs: court petitions and contested proceedings can be expensive and time-consuming. Sometimes mediation or negotiation is more efficient.
Disclaimer: This article explains general Utah law and common procedures and is for informational purposes only. It is not legal advice. For advice about your specific situation, consult a licensed Utah attorney.