Series 3372
District Court (Third District : Salt Lake County) Probate record books
Dates: 1852-1966.
462 microfilm reels
These records are housed in the Utah State Archives' permanent storage room.
Historical Note
An agency history is available.
Scope and Content
These probate record books document the proceedings in estate and guardianship cases in Salt Lake County. After 1917, adoption cases are also included. Personal name change cases appear infrequently. Corporate dissolution records occur intermittently around the turn of the century.
In 1852, the territorial legislature defined the powers of the county probate courts. Among those powers were the probate of wills, the administration of estates of deceased persons, and the guardianship of minors, idiots, and the insane. The probate records were to be kept in books separate from those of the other business of the court. The probate judge appointed a clerk to keep the records, but they were equally valid if kept by the judge. (An Act in Relation to the Judiciary, in Acts, Resolutions, and Memorials passed by the First Annual, and Special Sessions, of the Legislative Assembly...Great Salt Lake City, 1852, Brigham H. Young, Printer., pp. 38-48).
When Utah gained statehood in 1896, the county probate courts were abolished. Jurisdiction of Salt Lake County probate matters and custody of the Salt Lake County Probate Court's related records passed to the Probate Division of the Third District Court in and for Salt Lake County. Entries continued to be made in the same volumes.
In 1917, an extensive probate code was compiled as part of The Compiled Laws of Utah(Salt Lake City, 1919, Harden Bennion, vol. 2, Title 118, pp.1493-1545). The clerk was given powers equal to the judge to conduct routine matters: approve bonds, appoint appraisers, order sales, etc. The general procedures remained much the same, but the form and details were spelled out.
Estates of Deceased Persons
The books record the probate process in individual cases where the deceased died in or owned property in Salt Lake County. Basic procedures covered are the unsealing and admitting of the will, if any; testimony of the witnesses to the will to prove its validity; the appointment of administrators upon the filing of bonds; notice to creditors; appointment of appraisers and the filing of their report; petitions and orders to sell property; proof of settlement and petition for distribution; and the release of the administrators from further responsibility or liability.
Many of these procedures are formalities: recording petition; setting times; hearing petitions; and issuing orders, confirmations, and decrees for each stage. Copies of these forms are contained in the books, but while providing information on the nature of court proceedings, provide little on the nature of the estate. However, several types of records included also provide extensive information about the estate, the deceased, and the heirs.
The will is normally entered in the record too and usually details both property and heirs. Appraisers, if appointed, give a complete list of real estate, security holdings, and frequently household and personal property. Executors named in a will may also provide an inventory and appraisal of property in the case of a large or complicated estate; this was mandated after the probate code of 1917. Petitions to sell property will give the legal description of the real estate, securities, or other items in question. If a will is contested in any part, the testimony of the contestants is recorded. The final distribution is also recorded in detail in terms of both property and heirs. Thus the probate records provide useful information both for researchers seeking socioeconomic data on households and those seeking biographical or family history data. Among the notable estates probated is that of Brigham Young which covers the first half of volume H.
Guardianship of Estates
The records cover guardianship cases as well. Most frequently these come following the settlement of an estate in which a minor is inheriting property. A parallel procedure is followed for incompetent persons who had property requiring oversight. The court appoints a guardian, usually under terms of the will or upon petition of the minor or an older family member. The guardian is required to post bond prior to receiving official letters of guardianship. Periodic accountings may be made. Additional entries may appear during the time of guardianship if the guardian wishes to sell property or utilize particular funds held in trust. When the minor becomes of age, an accounting is made of the estate and property being inherited, and the guardian is released.
On occasion, the guardianship is a limited one, created so that the guardian may sue for personal injury or liability damages on behalf of a minor.
Adoptions
Adoption cases are included after 1917; previously the cases were kept in separate ADOPTION RECORD BOOKS. Entries for a typical case include signed statements of the natural parents, the adoptive parents, the child if of sufficient age, and the witnesses. The statements may record some family particulars including date of birth of child, legitimacy, abandonment if that is the case, death of one of the parents, or other factors in the adoption. The judge's decree of adoption is also recorded, noting the child's new name, which might be a change of given name as well as surname. After the 1940s, when social service agencies became the predominant mediators of adoptions, statements are no longer included in the court's records. Information generally becomes less detailed. A brief summary is made based on the judge's review of the service agency's reports, and an order of adoption in light of the facts is made.
Other Records
Around the turn of the century, corporate dissolution records appear intermittently in the books, with the company as the deceased. Corporate dissolution was part of the district court's regular function, but is more frequently covered in the civil and criminal case division of the district court. Voluntary dissolution called for evidence of stockholder approval and published notice before the judge issued a decree to dissolve the company and distribute property.
Name changes occur periodically throughout the record books as orders for change of name. The former name and the desired new name are recorded, at times along with the rationale for the change.
Arrangement
The arrangement of the volumes and their entries changed numerous times through the years producing an extremely irregular and discontinuous pattern. Volumes are alphanumerical and their entries are roughly chronological, but cases may be continued out of sequence. By 1884, guardianship records have begun to be kept in separate volumes. From 1891-1918, there were separate volumes for guardianships, intestate forms, and will forms. Cases continued from the main record books were recorded in volumes labeled 'Continuations'. Between 1918 and 1920 entries were made by case number. After 1942, wills are kept in separate volumes. By 1946, adoptions also are kept in separate volumes. For further details, see the sections entitled "Finding Aids" and "Searching Strategies."
Related Records
Estate registers from the District Court (Third District : Salt Lake County), Series 3927, note the volume and page of entries in these record books along with a log of the actions taken.
Adoption record books from the District Court (Third District : Salt Lake County), Series 3932, were kept as separate series from 1884 to 1917 then were included as part of this series
Probate minutes from the District Court (Third District : Salt Lake County), Series 3938, cover details of the guardianship, estate, and adoption cases recorded in this series.
Probate records index from the District Court (Third District : Salt Lake County), Series 17611, provide indirect access to particular cases in the record books via entries in the REGISTERS, series 3927
Access Restrictions
This series is primarily classified as Public: Probate, guardianships, name changes, and corporate dissolution records are public.. The secondary classification is Private: Unprobated wills are private, therefore volumes which contain only wills, and may not have been probated, are kept private for 75 years..
Preferred Citation
Cite the Utah State Archives and Records Service, the creating agency name, the series title, and the series number.
Processing Note
Three volumes were returned to the Utah State Archives in 1997 after turning up at the Denver Public Library. Another six volumes appeared at the University of Utah library's special collections.
Finding Aids
Indexes: Name indices are available for volumes A-F, covering from 1852 thru 1876. Indexes: The PROBATE RECORDS INDEX, series 17611, gives the volume and page in the PROBATE ESTATE REGISTERS, series 3927. In turn, the dates or record volumes and pages cited in the ESTATE REGISTERS can be used to locate entries in these RECORD BOOKS, covering from 1876.
Indexing Terms
- Adoption—Utah—Salt Lake County.
- Guardian and ward—Utah—Salt Lake County.
- Executors and administrators—Utah—Salt Lake County.
- Probate courts—Utah—Salt Lake County.
- Probate records—Utah—Salt Lake County.
Container List
| REEL | DESCRIPTION |
|---|---|
| 199 | Vol. 79; Oct 4, 1947-Oct 27, 1947 |
| 199 | Vol. 80; Oct 27, 1947-Nov 19, 1947 |
| 200 | Vol. 81; Nov 19, 1947-Dec 10, 1947; Vol. 82; Dec 10, 1947-Jan 7, 1948 |
| 201 | Vol. 83; Jan 7, 1948-Jan 28, 1948; Vol. 84; Jan 28, 1948-Feb 17, 1948 |
| 202 | Vol. 85; Feb 17, 1948-Mar 10, 1948; Vol. 86; Mar 10, 1948-Apr 2, 1948 |
| 203 | Vol. 87; Apr 2, 1948-Apr 20, 1948 |
| 204 | Vol. 88; Mar 15, 1948-Aug 19, 1949;ADOPTIONS-RESTRICTED |
| 205 | Vol. 89; Apr 20, 1948-May 7, 1948 |
| 206 | Vol. 90; Jun 3, 1948-Dec 29, 1949; WILLS ONLY-RESTRICTED |
| 207 | Vol. 91; May 7, 1948-Jun 1, 1948; Vol. 92; Jun 1, 1948-Jun 23, 1948 |
| 208 | Vol. 93; Jun 23, 1948-Jul 20, 1948; Vol. 94; Jul 20, 1948-Aug 10, 1948 |
| 209 | Vol. 95; Aug 11, 1948-Sep 1, 1948; Vol. 96; Sep 1, 1948-Sep 29, 1948 |
| 210 | Vol. 97; Sep 29, 1948-Oct 14, 1948 |
| 211 | Vol. 98; Oct 14, 1948-Nov 8, 1948; Vol. 99; Nov 9, 1948-Nov 30, 1948 |
| 212 | Vol. 100; Nov 30, 1948-Dec 20, 1948; Vol. 101; Dec 20, 1948-Jan 19, 1949 |
| 213 | Vol. 102; Jan 19, 1949-Feb 16, 1949 |
| 214 | Vol. 103; Feb 16, 1949-Mar 16, 1949; Vol. 104; Mar 16, 1949-ca. Apr 8, 1949 |
| 215 | Vol. 105; Apr 11, 1949-May 4, 1949; Vol. 106; May 4, 1949-May 26, 1949 |
| 216 | Vol. 107; May 26, 1949-Jun 18, 1949; Vol. 108; Jun 20, 1949-Jul 16, 1949 |
| 217 | Vol. 109; Jul 18, 1949-Aug 17, 1949 |
| 218 | Vol. 110; Aug 25, 1949-Sep 6, 1949; ADOPTIONS-RESTRICTED |
| 219 | Vol. 111; Aug 17, 1949-Sep 14, 1949; Vol. 112; Sep 14, 1949-Oct 11, 1949 |
| 220 | Vol. 113; Oct 11, 1949-Nov 8, 1949; Vol. 114; Nov 8, 1949-Nov 30, 1949 |
| 221 | Vol. 115; Nov 30, 1949-Dec 28, 1949 |
| 222 | Vol. 116; Dec 28, 1949-Jan 25, 1950 |
| 223 | Vol. 117; Jan 25, 1950-ca. Feb 10, 1950 |
| 223 | Vol. 118; ca. Feb 17, 1950-Mar 17, 1950 |
| 224 | Vol. 119; Mar 17, 1950-Apr 7, 1950 |
| 225 | Vol. 120; Apr 7, 1950-May 1, 1950 |
| 226 | Vol. 121; May 1, 1950-May 24, 1950 |
| 227 | Vol. 122; Dec 30, 1949-Jun 9, 1950; WILLS-RESTRICTED |
| 228 | Vol. 123; May 24, 1950-Jun 21, 1950 |
| 229 | Vol. 124; Jun 21, 1950-Jul 18, 1950 |
| 230 | Vol. 125; Jul 18, 1950-Aug 12, 1950 |
| 231 | Vol. 126; Aug 12, 1950-Sep 9; 1950 |
| 232 | Vol. 127; Sep 11, 1950-Oct 4, 1950 |
| 233 | Vol. 128; Oct 4, 1950-Nov 1, 1950 |
| 234 | Vol. 129; Nov 1, 1950-Nov 22, 1950 |
| 235 | Vol. 130; Nov 22, 1950-Dec 13, 1950 |
| 236 | Vol. 131; Dec 13, 1950-Jan 4, 1951 |
| 237 | Vol. 132; Jan 4, 1951-Feb 28, 1951 |
| 238 | Vol. 133; Jun 12, 1951-Aug 28, 1952; WILLS-RESTRICTED |
| 239 | Vol. 134; Feb 2, 1951-Feb 28, 1951 |
| 240 | Vol. 135; Jan 2, 1951-May 3, 1952; ADOPTIONS-RESTRICTED) |
| 241 | Vol. 136; Feb 28, 1951-Mar 23, 1951 |
| 242 | Vol. 137; Mar 23, 1951-Apr 19, 1951 |
| 243 | Vol. 138; Apr 19, 1951-May 10, 1951 |
| 244 | Vol. 139; May 10, 1951-May 31, 1951 |
| 245 | Vol. 140; May 31, 1951-Jun 21, 1951 |
| 246 | Vol. 141; Jun 21, 1951-Jul 16, 1951 |
| 247 | Vol. 142; Jul 18, 1951-Aug 14, 1951 |
| 248 | Vol. 143; Aug 14, 1951-Sep 6, 1951 |
| 249 | Vol. 144; Sep 6, 1951-Oct 3, 1951 |
| 250 | Vol. 145; Oct 4, 1951-Oct 31, 1951 |
| 251 | Vol. 146; Nov 1, 1951-Nov 26, 1951 |
| 252 | Vol. 147; Nov 27, 1951-Dec 19, 1951 |
| 253 | Vol. 148; Dec 20, 1951-Jan 17, 1952 |
| 254 | Vol. 149; Jan 17, 1952-Feb 13, 1952 |
| REEL | BOX | DESCRIPTION |
|---|---|---|
| 1 | 1 | Vol. A-F; INDEX; Vol. A; Jul 2, 1852-Sep 11, 1865 |
| 2 | 1 | Vol. B; Continuations (1852+) |
| 3 | 1 | Vol. C; Jan 24, 1866-Jan 18, 1871 |
| 4 | 2 | Vol. D; Jan 16, 1871-Nov 25, 1873 |
| 461 | 2 | Vol. E; Dec 9, 1873-May 25, 1875; p. 1-93 |
| 5 | 2 | Vol. E; Dec 9, 1873-May 25, 1875 p. 93-696 |
| 5 | 3 | Vol. F; Jun 1, 1875-Nov 17, 1876; Vol. F-2; Continuations (1877+); p. 1-282 |
| 6 | 3 | Vol. F-2; Continuations (1877+) p. 282-718 |
| 6 | 4 | Vol. G; Dec 22, 1876-Jun 17, 1878; Vol. H; Sep 4, 1877-Dec 27, 1880; p. 1-272 |
| 7 | 4 | Vol. H; Sep 4, 1877-Dec 27, 1880 p. 272-864 |
| 7 | 5 | Vol. I; Jul 13, 1879-Mar 8, 1880; Vol. J; Jan 7, 1881-Oct 31, 1881; p. 1-98 |
| 8 | 5 | Vol. J; Jan 7, 1881-Oct 31, 1881 p. 98-696 |
| 8 | 6 | Vol. K; Nov 30, 1881-Oct 16, 1882; Vol. L; Oct 21, 1882-Jul 3, 1883; p. 1-162 |
| 9 | 6 | Vol. L; Oct 21, 1882-Jul 3, 1883 p. 162-720 |
| 9 | 7 | Vol. M; Feb 28, 1883-Dec 8, 1883 |
| 9 | 8 | Vol. N; Dec 14, 1883-Jun 26, 1884; p.1-172 |
| 10 | 8 | Vol. N; Dec 14, 1883-Jun 26, 1884 p. 172-432 |
| 10 | 9 | Vol. O; Jul 2, 1884-Nov 10, 1884 |
| 10 | 10 | Vol. P; Dec 6, 1884-Jun 29, 1885 |
| 10 | 11 | Vol. Q; Guardianships: Dec 4, 1884-Nov 1, 1886; p. 1-182 |
| 11 | 11 | Vol. Q; Guardianships: Dec 4, 1884-Nov 1, 1886 p. 182-480 |
| 11 | 12 | Vol. R; Jul 2, 1885-Feb 12, 1886 |
| 11 | 13 | Vol. S; Jan 23, 1886-Sep 24, 1886 |
| 11 | 14 | Vol. T; Oct 4, 1886-Apr 22, 1887; p. 1-52 |
| 12 | 14 | Vol. T; Oct 4, 1886-Apr 22, 1887 p. 52-492 |
| 12 | 15 | Vol. U; Guardianships: Jan 27, 1887-Mar 18, 1889 |
| 12 | 16 | Vol. V; Apr 23, 1887-Nov 7, 1887; p. 1-432 |
| 13 | 16 | Vol. V; Apr 23, 1887-Nov 7, 1887 p. 432-500 |
| 13 | 17 | Vol. W; Nov 10, 1887-Mar 31, 1888 |
| 13 | 18 | Vol. X; Mar 31, 1888-Oct 6, 1888 |
| 13 | 19 | Vol. Y; Oct 8, 1888-Feb 23, 1889; p. 1-272 |
| 14 | 19 | Vol. Y; Oct 8, 1888-Feb 23, 1889 p. 272-496 |
| 14 | 20 | Vol. Z; Mar 6, 1889-Sep 3, 1889 |
| 14 | 21 | Vol. A-1; Guardianships: Apr 27, 1889-May 12, 1890 |
| 14 | 22 | Vol. B-1; Sep 4, 1889-Dec 28, 1889; p. 1-132 |
| 15 | 22 | Vol. B-1; Sep 4, 1889-Dec 28, 1889 p. 132-480 |
| 15 | 23 | Vol. C-1; Dec 28, 1889-Mar 13, 1890 |
| 15 | 24 | Vol. D-1; Guardianships: May 17, 1890-Dec 3, 1891 |
| 16 | 25 | Vol. E-1; Mar 13, 1890-Jun 25, 1890 |
| 16 | 26 | Vol. F-1; Jun 7, 1890-Oct 1, 1890 |
| 16 | 27 | Vol. G-1; Oct 8, 1890-Dec 23, 1890; p. 1-412 |
| 17 | 27 | Vol. G-1; Oct 8, 1890-Dec 23, 1890 p. 412-480 |
| 17 | 28 | Vol. H-1; Dec 8, 1890-Apr 15, 1891 |
| 17 | 29 | Vol. I-1; Feb 11, 1891-Jun 2, 1891 |
| 17 | 30 | Vol. J-1; Intestate Forms: Apr 3, 1891-Mar 6,1894; p. 1-322 |
| 18 | 30 | Vol. J-1; Intestate Forms: Apr 3, 1891-Mar 6,1894 p. 322-458 |
| 18 | 31 | Vol. K-1; Will Forms: May 26, 1891-Jul 7, 1896 |
| 18 | 32 | Vol. L-1; Continuations (1891+) |
| 18 | 33 | Vol. M-1; Guardianships: Dec 4, 1891-Jun 6, 1893; p. 1-244 |
| 19 | 33 | Vol. M-1; Guardianships: Dec 4, 1891-Jun 6, 1893 p.244-404 |
| 19 | 34 | Vol. N-1; Continuations (1892+) |
| 19 | 35 | Vol. O-1; Continuations (1892+) |
| 19 | 36 | Vol. P-1; Continuations (1892+); p.1-222 |
| 20 | 36 | Vol. P-1; Continuations (1892+) p.222-480 |
| 20 | 37 | Vol. Q-1; Guardianship Forms: Jun 3, 1893-Mar 30, 1898 |
| 21 | 38 | Vol. R-2[sic]; Continuations (1893+) |
| 22 | 39 | Vol. S-1; Intestate Forms: Mar 8, 1894-Sep 28, 1896 |
| 22 | 40 | Vol.T-1; Continuations (1893+); p.1-112 |
| 23 | 40 | Vol.T-1; Continuations (1893+) p.112-640 |
| 23 | 41 | Vol. U-1; Continuations (1894+) |
| 23 | 42 | Vol. V-1; Continuations (1895+); p. 1-242 |
| 24 | 42 | Vol. V-1; Continuations (1895+) p.242-596 |
| 24 | 43 | Vol. W-1; Continuations: Guardianships (1896+) |
| 24 | 44 | Vol. X-1; Continuations (1896+); p. 1-402 |
| 25 | 44 | Vol. X-1; Continuations (1896+) p. 402-600 |
| 25 | 45 | Vol. Y-1; Will Forms: Aug 31, 1896-Jul 13, 1898 |
| 25 | 46 | Vol. Z-1; Intestate Forms: Sep 30, 1896-May 28, 1898 |
| 25 | 47 | Vol. A-2; Continuations (1897+); p.1-544 |
| 26 | 47 | Vol. A-2; Continuations (1897+) p.544-598 |
| 26 | 48 | Vol. B-2; Continuations (1897+) |
| 26 | 49 | Vol. C-2; Continuations (1897+) |
| 26 | 50 | Vol. D-2; Continuations (1898+); p. 1-72 |
| 27 | 50 | Vol. D-2; Continuations (1898+) p. 72-600 |
| 27 | 51 | Vol. E-2; Guardianship Forms: Mar 30, 1898-Nov 18, 1904 |
| 27 | 52 | Vol. F-2; Will Forms: Jun 20, 1898-Apr 4, 1903; p.1-222 |
| 28 | 52 | Vol. F-2; Will Forms: Jun 20, 1898-Apr 4, 1903 p. 222-600 |
| REEL | DESCRIPTION |
|---|---|
| 28 | Vol. G-2; Intestate Forms: May 31, 1898-Dec 10, 1900 |
| REEL | BOX | DESCRIPTION |
|---|---|---|
| 28 | 53 | Vol. H-2; Continuations (1899+); p. 1-372 |
| 29 | 53 | Vol. H-2; Continuations (1899+) p.372-600 |
| REEL | DESCRIPTION |
|---|---|
| 29 | Vol. I-2; Continuations (1899+) |
| REEL | BOX | DESCRIPTION |
|---|---|---|
| 29 | 54 | Vol. J-2; Continuations (1900+); p.1-498 |
| 30 | 54 | Vol. J-2; Continuations (1900+) p. 498-600 |
| 30 | 55 | Vol. K-2; Intestate Forms: Dec 11, 1900-Jan 19, 1903 |
| 30 | 56 | Vol. L-2; Continuations (1900+) |
| 30 | 57 | Vol. M-2; Continuations (1900+) ; p.1-22 |
| 31 | 57 | Vol. M-2; Continuations (1900+) p.22-600 |