Utah Department of Administrative Services

Division of Archives & Records Service

Probate Records

Law and Authority

When the Utah Territorial Legislature established the jurisdiction and authority of county probate courts in 1851, it established the jurisdiction of these courts over probate. The Legislature granted county probate courts authority “to probate wills, administer the estates of deceased persons, and to establish guardianships of minors, idiots, and the insane" (An Act in Relation to the Judiciary. Acts, Resolutions, and Memorials passed by the First Annual, and Special Sessions of the Legislative Assembly. Great Salt Lake City, 1851, Brigham H. Young, Printer. pp. 38-48). During a portion of Utah’s territorial period, county probate courts additionally held jurisdiction over criminal and civil matters. This is significant to probate researchers because early probate records may be mixed with other kinds of cases. When Utah became a state (1896) the county probate courts were abolished. Probate became the jurisdiction of the district court in each county.

Probate of estates

Probate of estates is the process by which a deceased person’s property is identified and managed, his debts and taxes paid, and then remaining property distributed to beneficiaries as specified in a will, or to heirs as required by law. Typically a probate case begins when the court receives a petition to open the probate of an estate or admit a will. The court responds by holding a hearing to establish the validity of the will and appoint an administrator. Thereafter the administrator notifies creditors of the estate to submit any outstanding bills, and the court obtains a full inventory of the estate. When all property in the estate has been properly accounted for and all outstanding debts paid, the court orders distribution of remaining property among the heirs and releases the administrator from responsibility for the estate. Although the probate process has remained essentially the same throughout Utah’s history, the 1917 State Legislature formalized the process in an extensive probate code (Compiled Laws of Utah, 1917, Vol. 2, Chapter 118, pp. 1493-1545). In 1975, the State Legislature adopted the Utah Uniform Probate Code, which replaced the prior probate code and which, as amended, is the probate code in force today. For more detailed information about probate see http://www.utahprobate.com/ .

Guardianships

Guardianships are also administered by probate divisions of district courts and previously by county probate courts. A court can establish guardianships when a minor or an incompetent adult holds property requiring oversight and management. They are usually initiated under the terms of a will or upon the petition of a family member. A guardian is generally required to post bond, and is accountable to the court for the management of property entrusted to him.

Adoptions

Utah law provides for the adoption of minor children (Utah Code 1953, Title 78B Section 101-145, "Utah Adoption Act"). According to law, the child, the adopting adult, and other persons whose consent is necessary must appear before the district court or provide written consent. When the court is satisfied that adoption is in the best interest of the child, it issues an adoption decree. Typically adoption records have been kept with probate records. Utah adoption records are sealed by law for 100 years. For more information about access to adoption records see the Adoptions Research Guide.

Probate records generated by Utah District Courts typically also include records of adoptions and may include other miscellaneous cases such as incorporation dissolutions and name changes.

Record Types

In the course of business the Utah courts generated a variety of record types, including case files, record books, minutes, and registers of action. Case files include all the documents related to a particular case. These documents include petitions, court orders, notices, decrees, and possibly also exhibits, wills, and inventories. Case numbers were generally assigned sequentially as the court opened cases. Record books are recorded copies of important documents found in the case files. These documents generally were recorded chronologically, so documents relating to a particular case may be scattered. Minutes record the daily actions of the court, and may include information about the probate of an estate or guardianship. Registers of action (or registers of estates) are summary lists of actions taken by the court on a particular case. A register will list the date beside each action taken. Registers of action can serve as guides to documents recorded in record books or information recorded in minutes.

County Probate Court Records, 1850-1896

Not including those counties for which the Archives has no holdings.

Beaver County (Utah). Probate Court.  
Probate case files, 1876-1894 Series 26592
Record Books, 1856-1897 Series 14893
Box Elder County (Utah). Probate Court  
Record Books, 1856-1877 Series 82970
Cedar County (Utah). Probate Court  
Minutes, 1859-1862. Series 17493
Davis County (Utah). Probate Court  
Estate Register of Actions, 1883-1896 Series 25013
Probate bonds and letters record book, 1877-1895. Series 25014
Record Books, 1853-1896 Series 25004
Garfield County (Utah). Probate Court  
Probate record book, 1885-1892. Series 26258
Iron County (Utah). Probate Court  
Minutes, 1853-1868 Series 17477
Probate record book, 1868-1870. Series 27438
Juab County (Utah). Probate Court  
Minutes, 1859-1866. Series 13096
Kane County (Utah). Probate Court  
Record Books, 1864-1896 Series 24249
Millard County (Utah). Probate Court  
Minutes, 1854-1862. Series 26151
Rich County (Utah). Probate Court  
Docket book, 1886-1887 Series 25840
Sanpete County (Utah). Probate Court  
Minutes, 1852-1896 Series 17693
Probate docket book, 1889 - 1896 Series 26607
Probate record books, 1885 - 1897 Series 26601
Record books, 1855 - 1896 Series 26609
Summit County (Utah). Probate Court  
Administrators' record book, 1883-1890. Series 27441
Guardians and executors record, 1884-1888. Series 27440
Record books, 1882-1913. Series 27442
Utah County (Utah). Probate Court  
Cost books, 1861-1896. Series 25989
Divorce case files, 1863-1888. [may contain some probate] Series 20941
Minute books, 1861-1876, 1885-1896. Series 25951
Wasatch County (Utah). Probate Court  
Administrator’s Record Book, 1883-1898 Series 84148
Guardians and executors record book, 1885-1894. Series 84147
Inventory appraisement and sale record book, 1885-1897. Series 84152
Probate record, 1891-1901. Series 84161
Washington County (Utah). Probate Court
 
Civil and Criminal Record Books, 1856-1886 Series 3168
Estate accounts registers, 1876-1895. Series 23734
Estate claims register, 1882-1889. Series 23740
Probate record books, 1877-1897 Series 26590
Weber County (Utah). Probate Court  
Guardians record, 1884-1895. Series 83900
Probate Minute Books, 1883-1896 Series 5142
   

State District Court Records, 1850-present

All records, even though originating during the territorial period, were carried along to state district court probate divisions after 1896. Consult the State District Court Records guide for holdings information with arrangements often made to transfer records older than 50 years to the Utah State Archives.

Beaver | Box Elder | Cache | Carbon | Daggett | Davis | Duchesne | Emery | Garfield | Grand | Iron | Juab | Kane | Millard | Morgan | Piute | Rich | Salt Lake | San Juan | Sanpete | Sevier | Summit | Tooele | Uintah | Utah | Wasatch | Washington | Wayne | Weber