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Re: PROBATE RECORDS

ALL RESIDENTS OF WAPELLO COUNTY, PAST AND PRESENT

Posted By: Bill Hansen (email)
Date: 10/10/2004 at 09:41:01

In Response To: Re: PROBATE RECORDS (Dean A. Glenn)

Again, with all due respect, Mr. Glenn, I'm afraid you have the laws of Iowa confused. First, while probate records in Iowa are generally available for public viewing, they are not "public records" in the true sense - they are court records - records used in or containing a court proceeding. In this case a hearing in Probate Court. In Iowa, you can tell the difference based on which office has custody of the records. Court records are maintained by the Clerk of Court and "public" records are maintained by the County Recorder's Office.

For many years the Clerk of Court's Offices in Iowa have sought to keep court records in perpetuity, however, the recent budget crisis that most states have experienced, has caused many Courts to look again at what they can and cannot keep from a budgetary viewpoint. Iowa law treats probate records differently that of other court records. There is a section of the Iowa code which specifically addresses Probate records - Section 633. If you would check Section 633.16, you would find the following:

633.16 Control of probate records

The court shall have jurisdiction and supervision of the clerk, and may direct the destruction of records it deems to be old, obsolete or unnecessary.

Many Iowa Probate Courts and their clerks have hesitated to destroy old probate records, but have sought to find alternatives. One of those alternatives is to find an organization that will both preserve the records and make thier contents available to the general public. I do not know if that is the direction taken by Wapello County or not. But it is clear that the Probate Court can, at any time, order the destruction of any probate records it deems appropriate.

I will admit the "transfer" of probate records to another organization is a gray area under Iowa Law, However, it would appear that the only alternative to those counties who, for whatever reason, can no longer maintian old probate records, would be to destroy the records and their content would be lost forever.

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