Detailed Answer
This section explains what you need to request estate files from a Utah county probate division. Probate records are maintained by the district court clerk in the county where the decedent lived at death. Under Utah court rules and state law, many probate files are public records. You must provide specific details to help the clerk locate the correct file and to satisfy identification requirements.
Key Information to Provide
- Decedent’s Full Legal Name: Include any aliases or maiden names.
- Date of Death: Month, day, and year of the decedent’s passing.
- Probate Case Number (if known): The unique file or docket number assigned by the court.
- County of Probate: The county where the probate proceeding was opened.
- Requester’s Contact Information: Your full name, mailing address, phone number, and email.
- Reason for Request: (Optional) Some courts ask why you need the documents.
- Type of Documents Requested: Examples include the petition for probate, will, inventory of assets, accountings, orders, and final decree.
Legal Authority and Access
Most probate records are public under Utah Code § 78A-2-304 (Public’s access to court records). The court clerk can refuse to release documents sealed by court order. If parts of the file are sealed, you must petition the court to unseal them.
How to Submit Your Request
- In Person: Visit the district court clerk’s office in the relevant county. Some clerks allow same-day copies.
- By Mail: Send a written request with the required information, a self-addressed stamped envelope, and payment for copy fees.
- Online Portal: Certain counties offer e-filing or record-request services. Check the court’s website for links.
Fees and Processing Time
- Copy fees vary by county but typically range from $0.50 to $1.00 per page.
- Certified copies usually incur an additional $5–$10 certification fee.
- Processing can take from a few days to several weeks, depending on backlog and method of request.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for legal guidance regarding your specific situation.
Helpful Hints
- Call the clerk’s office first to confirm hours, fees, and any special requirements.
- If you don’t know the case number, the clerk can often search by decedent name and date of death.
- Ask whether redaction of personal identifiers (e.g., Social Security numbers) is automatic or requires a formal request.
- Keep copies of all correspondence and payment receipts.
- Consider requesting uncertified copies first to confirm you have the correct documents before paying certification fees.