B. Probate

Overview

The Supreme Court has not addressed whether probate records are presumptively open, but lower courts have extended a presumption of access. For example, the court in In re Estate of Campbell, 106 P.3d 1096, 1105 (2005) held that “[a]lthough we have never expressly held that probate proceedings are accompanied by a presumption of openness, the reasons underlying openness in the criminal context … are equally compelling in the civil context, including probate proceedings.” And the court in Copley Press, Inc. v. Superior Court, 63 Cal. App. 4th 367, 376 (1998) agreed, finding that ”[p]robate proceedings … are not closed proceedings.”

6th Cir.