Judge Makes Unusual Decision in Unusual Case: Sealing Probate Records

Probate records are part of the public record and can be seen by anyone. But judges do have the ability to seal probate records if they deem it necessary or appropriate. One case in Oklahoma shows how unusual it is for this to happen.

Those who wish to keep their wills, assets and lives private sometimes use estate planning to keep as much of their life out of the public eye as possible. Probate records are open to the public and most people are uncomfortable with that.

Interestingly, judges have the authority to seal probate records on a case-by-case basis if there is just cause to do so. However, that authority is rarely used. Nevertheless, in the case of Mark Costello, an Oklahoma judge has sealed his will.

So, who was Mark Costello? The Labor Commissioner in Oklahoma.

How did he die? He was slain by multiple stab wounds at an ice cream parlor on August 23.

The alleged slayer? His own son, Christian Erin Costello, who was arrested at the scene after witnesses identified him as his father’s killer.

The probate judge in the case has sealed Costello’s will. Why? To do otherwise would subject the family to unnecessary speculation and public scrutiny, affect Christian Costello’s opportunity to receive a fair trial for the murder, and affect Mark Costello’s widow’s chances of receiving a protective order against her son’s girlfriend.

The judge’s reasoning certainly leaves a lot of ground for speculation about what might be in the will that it could have such a big impact on so many things.

The Oklahoman reported this story in “Oklahoma County judge seals slain labor commissioner’s will from public.”

This is definitely not an average probate case, and that is the most important take away here. It takes a very unusual set of circumstances for a judge to order that probate records be sealed.

Reference: Oklahoman (September 19, 2015) “Oklahoma County judge seals slain labor commissioner’s will from public.”