Series 4654
District Court (Second District : Davis County) Probate case files

Dates: 1870-

16.00 cubic feet and 15 microfilm reelsSkip to Containers

These records are housed in the Utah State Archives' permanent storage room.

Scope and Content

Probate case files primarily involve the probate of estates for deceased persons and guardianship for minors and incompetent persons. Probate is judicial oversight of property in transition. Probate of estates is the process by which a deceased person's property is identified and maintained, his debts and taxes paid, and then remaining property distributed to beneficiaries as specified in a will or as required by law for persons who die intestate (without a will). In guardianship cases probate is the establishment of a guardian for minors or incompetent adults who hold property that needs management. In addition to probate these case files also include name changes and some adoptions. Most adoption records in this series are closed to public access (see access restrictions note).

The probate process includes three parts. First, a petitioner must file with the court the documents necessary to have the court appoint a representative. Documents relating to this process include wills, petitions, letters of administration, bonds, etc., and a court order appointing an administrator, executor, or guardian. Second, the appointed representative does all that is necessary to manage the property through the period of transition. Documents filed here might include a court order appointing appraisers, notices to creditors, estate inventories, various kinds of financial statements, receipts, bills, and the court-appointed representative's final report. Finally, when all requirements have been met, such as all bills paid or a minor has become of age, the court mandates a final settlement and releases the representative from any further responsibility.

Arrangement

Numerical by case number.

Related Records

Minutes from the District Court (Second District : Davis County), Series 4681, can be used to identify individual case files that appear in this series.

Probate record books from the District Court (Second District : Davis County), Series 4733, contains copies of compiled judgments and orders from this series.

Estate registers from the District Court (Second District : Davis County), Series 23717, contains information on estates that were probated by the court.

Custody History

Boxes were transferred to the State Archives from the Second District Court in Farmington in 1990. Microfilm copies of historic case files were transferred from the court to the Utah State Archives in December 2014.

Additional Forms

This series is available on microfilm.

Access Restrictions

Utah law, enacted in 1941, sealed all adoption records with the exception that they can be released upon a court order expressly permitting inspection (Laws of Utah, 1941, chapter 17, 14-1-15). This restriction has subsequently been amended (1999) to allow public access one hundred years after the date of final decree or access as provided for in a mutual consent registry (Utah Code 78-30-15, 18). The probate division's jurisdiction over adoptions preceded the enactment of these laws and therefore many adoption records were filed and microfilmed among probate cases. Utah State Archives staff supervises access to this series in order to provide access to probate records, but not to adoption records.

Preferred Citation

Cite the Utah State Archives and Records Service, the creating agency name, the series title, and the series number.

Probate case files 878 to 1656 (1939-1959) are missing, and the court has reported them as lost.

Processing Note

This series was processed by Jim Kichas in January 2015.

Indexing Terms

    Container List

    BOX DATE DESCRIPTION
    1 1872-1896 1-69
    2 1872-1896 70-108
    3 1872-1896 110-134
    4 1872-1896 136-162
    5 1872-1896 164-198
    6 1872-1896 206-254
    7 1872-1896 256-290
    8 1872-1896 294-332
    9 1896-1911 1-34
    10 1896-1911 35-64
    11 1896-1911 65-90
    12 1896-1911 91-118
    13 1896-1911 119-139
    14 1896-1911 146-173
    15 1896-1911 174-189
    16 1896-1911 191-208
    REEL DATE DESCRIPTION
    1 1872-1882 6-119
    2 1880-1889 120-230
    3 1889-1895 232-332
    4 1896-1901 1-53
    5 1901-1906 54-132
    6 1906-1911 133-208
    7 1912-1915 196-277
    8 1915-1918 278-337
    9 1918-1920 338-400
    10 1920-1922 401-457
    11 1922-1928 458-586
    12 1928-1932 587-660
    13 1932 661-670
    14 1932-1933 671-685
    15 1933 686-697
    16 1933-1934 698-711
    17 1934 712-725
    18 1934-1935 726-734
    19 1935 735-747
    20 1935-1936 748-766
    21 1936 767-780
    22 1936-1937 781-800
    23 1937 801-813
    24 1937 813-825
    25 1938 826-841
    26 1938 842-858
    27 1938-1939 859-877
    28 1959-1960 1657-1683
    29 1960-1961 1684-1763
    30 1961-1963 1764-1838
    31 1963-1964 1839-1904
    32 1964-1965 1905-1982
    33 1965-1967 1983-2057
    34 1967-1968 2058-2128
    35 1968-1969 2129-2212
    36 1969-1970 2213-2293

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