Probate Records
This research guide identifies probate records available at the Utah State Archives. In addition to the probate of estates the probate divisions of Utah District Courts also have jurisdiction over guardianships for minors or incompetent adults. 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.
When the Utah Territorial Legislature established the jurisdiction and authority of county probate courts in 1852, 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, 1852, 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. (See Utah State District Courts Research Guide)
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, Title 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 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.
Utah law provides for the adoption of minor children (Utah Code Annotated, 1953, Title 78, Chapter 30). 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.
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. The following list identifies, by county, probate records available at the Utah State Archives.
| Beaver County | |
| Beaver County (Utah). Probate Court. Record Books, 1856-1897 | Series 14893 |
| Fifth District Court: Beaver County. Probate Record Books, 1856-1966 | Series 1053 |
| Fifth District Court: Beaver County. Probate Registers, 1897-1966 | Series 23866 |
| Box Elder County | |
| Box Elder County (Utah). Probate Court. Record Books, 1856-1877 | Series 82970 |
| District Court. (First District: Box Elder County). Probate Case Files, 1875-ongoing | Series 11796 |
| District Court. (First District: Box Elder County). Probate Record Books, 1876-1966 | Series 17456 |
| Cache County | |
| District Court. (First District: Cache County) | |
| Probate Account Books, 1883-1898 | Series 22725 |
| Probate Case Files, 1864-ongoing | Series 1532 |
| Probate Index, 1864-1966 | Series 22659 |
| Probate Minute/Record Books, 1860-1966 | Series 22905 |
| Probate Record Books, 1876-1906 | Series 767 |
| Probate Registers of Actions, 1864-1966 | Series 22724 |
| Probated Wills, 1913, 1915, 1938, 1939-ongoing | Series 13839 |
| Carbon County |
|
| District Court. (Seventh District: Carbon County) | |
| Probate Record Books, 1895-1966 | Series 1063 |
| Dagget County |
|
| District Court. (Eighth District: Dagget County) | |
| Probate Record Books, 1919-1966 | Series 1076 |
| Davis County |
|
| Davis County (Utah). Probate Court | |
| Record Books, 1853-1896 | Series 25004 |
| Estate Register of Actions, 1883-1896 | Series 25013 |
| District Court. (Second District: Davis County) | |
| Probate Case Files, 1875-ongoing | Series 4654 |
| Guardianship Case Files, 1881-ongoing | Series 4704 |
| Estate Register of Actions, 1896-1966 | Series 23717 |
| Will Record Book, 1877-1966 | Series 85303 |
| Probate Record Books, 1896-1966 | Series 4733 |
| Duchesne County |
|
| District Court (Eighth District: Duchesne County) | |
| Probate Orders and Decrees, 1958-1974 | Series 17821 |
| Probate Record Books, 1922-1966 | Series 17831 |
| Emery County |
|
| District Court (Seventh District: Emery County) | |
| Probate Record Books, 1886-ongoing | Series 1088 |
| Probate Registers of Action, 1887-1966 | Series 21917 |
| Garfield County |
|
| District Court (Sixth District: Garfield County) | |
| Court Case Indexes, 1896-1966 | Series 22683 |
| Registers of Actions, 1896-1966 | Series 18270 |
| Grand County |
|
| District Court (Seventh District: Grand County) | |
| Probate Record Books, 1908-1975 | Series 1103 |
| Iron County |
|
| Iron County (Utah). Probate Court | |
| Minutes, 1853-1868 | Series 17477 |
| District Court (Fifth District: Iron County) | |
| Probate Record Books, 1854-1965 | Series 1124 |
| Estate Settlement Record Book, 1889-1890 | Series 17475 |
| Probate Registers of Actions, 1895-1948 | Series 18218 |
| Juab County |
|
| District Court (Fourth District: Juab County) | |
| Probate Record Books, 1862-1962 | Series 1160 |
| Probate Registers of Actions, 1911-1984 | Series 13104 |
| Probate Register Index, 1883-1965 | Series 18198 |
| Kane County |
|
| Kane County (Utah). Probate Court | |
| Record Books, 1864-1896 | Series 24249 |
| District Court (Sixth District: Kane County) | |
| Probate Registers of Actions, 1896-1966 | Series 18269 |
| Millard County |
|
| District Court (Fourth District: Millard County) | |
| Probate Record Books, 1870-1966 | Series 1188 |
| Probate Registers of Actions, 1880-1951 | Series 83440 |
| Probate Registers of Actions Index, 1896-? | Series 18197 |
| Morgan County |
|
| District Court (Second District: Morgan County) | |
| Probate Record Books, 1868-1966 | Series 1291 |
| Piute County | |
| District Court (Sixth District: Piute County) | |
| Probate Record Books, 1869-1910 | Series 1353 |
| Rich County |
|
| (no holdings) | |
| Salt Lake County |
|
| District Court. (Third District: Salt Lake County) | |
| Probate Minutes, 1884-1971 | Series 3938 |
| Probate Record Books, 1852-1966 | Series 3372 |
| Probate Records Index, 1876-1979 | Series 17611 |
| Wills, 1869-ongoing | Series 3578 |
| Estate Registers, 1876-1988 | Series 3927 |
| Probate Case Files, 1854-1969 | Series 1621 |
| San Juan County |
|
| District Court (Seventh District: San Juan County) | |
| Probate Record Books, 1888-1975 | Series 1314 |
| Probate Case Files, 1888-ongoing | Series 13467 |
| Sanpete County |
|
| Sanpete County (Utah). Probate Court | |
| Minutes, 1852-1896 | Series 17693 |
| District Court (Sixth District: Sanpete County) | |
| Probate Record Books, 1870-1901 | Series 1336 |
| Probate Case Files, 1882-ongoing | Series 14694 |
| Probate Registers of Actions, 1873-1966 | Series 21851 |
| Sevier County |
|
| District Court (Sixth District: Sevier County) | |
| Probate Record Books, 1865-1985 | Series 1338 |
| Probate Case Files, 1865-ongoing | Series 6941 |
| Estate Registers, 1885-1907 | Series 13477 |
| Summit County | |
| District Court (Third District: Summit County) | |
| Probate Record Books, 1866-1963 | Series 1342 |
| Tooele County |
|
| Tooele County (Utah). Probate Court | Series 17693 |
| Minutes, 1852-1896 | |
| District Court (Third District: Tooele County) | |
| Probate Records, 1896-1966 | Series 17546 |
| Probate Records Index, 1896-1955 | Series 17612 |
| Uintah County | |
| District Court (Eighth District: Uintah County) | |
| Probate Record Books, 1886-1966 | Series 1371 |
| Utah County | |
| District Court (Fourth District: Utah County) | |
| Probate Record Books, 1852-1900, 1958-1964 | Series 1373 |
| Wasatch County | |
| Wasatch County (Utah). Probate Court | |
| Administrator’s Record Book, 1883-1898 | Series 84148 |
| District Court (Fourth District: Wasatch County) | |
| Probate Record Books, 1862-1964 | Series 1378 |
| Probate Minutes, 1908-1919 | Series 84155 |
| Washington County |
|
| Washington County (Utah). Probate Court |
|
| Civil and Criminal Record Books, 1856-1886 | Series 3168 |
| District Court. (Fifth District: Washington County) | |
| Estate Administration Index, 1880-1903 | Series 23780 |
| Probate Record Books, 1877-1981 | Series 18215 |
| Probate Registers of Actions 1902-ongoing | Series 18217 |
| Wayne County |
|
| District Court. (Sixth District: Wayne County) | |
| Probate Record Books, 1889-1987 | Series 1380 |
| Register of Actions, 1896-1957 | Series 18225 |
| Weber County |
|
| Weber County (Utah). Probate Court | |
| Probate Minute Books, 1883-1896 | Series 5142 |
| District Court. (Second District: Weber County) | |
| Probate Record Books, 1879-1959, 1975-1984 | Series 6405 |
| Probate Case Files, 1851-1969 | Series 6874 |
| Probate Court Index, 1851-1899 | Series 21023 |
This page was last updated October 15, 2003.