Probate was never initiated for this person after they passed away because their affairs were in complete disarray. There was no official Will and barely any documentation leftover to even go through at the time of death. The only copy of the Trust documents should still be held by the bank. The family was just informed that there were funds in an account that no one knew about; which have now been turned over to the Division of Unclaimed Property. This division will not release the funds until proof of the Trust and it’s trustees are brought forward. At this point the surviving heirs are unsure if initiating probate is the only way to get proof of these said documents?
The best thing you can do is get with an experienced family law / probate attorney who handles actual litigation to review your facts and documents. There are ways of opening a probate case to handle this situation.
This answer is not legal advice, and does not create an attorney - client relationship. This answer is for educational purposes only.
If the only copy of the trust is in a safe deposit box, then yes you are most likely going to have to initiate a probate to have someone appointed as personal representative before the bank will release the documents. Most banks have very strict policies about access to safe deposit boxes and only the owner, joint owner, or person listed as authorized to access it on a bank form will be given access without court approved letters of personal representative (i.e., probate). Here is a link to information and forms related to filing a probate in Utah: https://www.utcourts.gov/howto/informalprobate/. The process can be fairly complicated and time consuming if you're not familiar with it, so you may want to at least have an initial consultation with an attorney experienced in probate administration to see if it's something you feel comfortable navigating without legal counsel. There are many attorneys in Salt Lake/Utah County who will do an initial consultation free of charge. Best of luck to you.
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One of the attorneys who answered your question assumed (I think) that the Trust is in a bank safe-deposit box. When I read your question, I assumed otherwise -- that is, that someone at the Bank has a copy of the Trust. If the Trust is not in a safe-deposit box, but is in the hands of a Bank employee, perhaps you could talk with that Bank employee a little (or a little more) about giving you a copy of the Trust. If you are a grandchild, you certainly have a right to have a copy. If you can't get a copy from the Bank employee, then you'll probably need to go the probate route as the other attorney has suggested. Good luck. P.S. Are you sure that NO ONE in the family has a copy to share with you?
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