Kane County (Utah). Probate Court
Abstract
Biography/History Notes
When the Territorial Legislature defined Utah county probate courts' powers in 1852, it granted them the authority to probate wills, administer the estates of deceased persons, and provide guardianship for minors, idiots, and insane persons. (Laws of Utah, Chapter 42, 1852). As a primary function, the Kane County Probate Court administered estates and handled guardianship cases. In addition to this primary function, Utah county probate courts handled civil and criminal cases until 1874, and continued to handle divorce cases until 1887. For the period records survive (1878 -1896), the Kane County Probate Court handled only a few divorce cases. In 1869 the Territorial Legislature appointed the county probate courts to adjudicate ownership of already surveyed town site lots (Laws of Utah, Chapter 7, 1869). In the early 1870s the Kane County Probate Court held special sessions to adjudicate land claims in Kane County communities. After hearing claims, the court validated ownership of townsite lots in Virgin City, Grafton, Duncan's Retreat, Rockville, Kanab, Mt. Carmel and Glendale.
The Territorial Legislature initially appointed probate court judges for four year terms, and the Governor issued their commissions. Judges were required to reside in the county and to preside at all sessions of the probate court. In practice, probate judges were often also Mormon ecclesiastical leaders. The Poland Act (1874) made probate court judges publicly elected officials and the Edmunds-Tucker Act (1887) provided that the judges should be appointed by the President of the United States.
County probate courts met quarterly in March, June, September and December. Originally the judge of each county probate court appointed a clerk to keep a true and faithful record of all the proceedings of the court (Compiled Laws of Utah, 1876, chapter 3, section 32). In 1880 probate court clerks became elected officials, elected for two year terms (Compiled Laws of Utah, 1888, chapter 4, section 91). Originally the probate judge also presided over the County Court, which later became the County Commission. The same clerk officiated in both courts.