Utah Department of Administrative Services

Division of Archives & Records Service

Series 12488

District Court (Seventh District : Emery County) Probate case files

Dates: 1888-1989.

55 microfilm reelsSkip to Containers

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

Scope and Content

Probate case files from the Seventh District Court in Emery County 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.

Utah's Territorial Assembly established original jurisdiction over the probate of estates and the guardianship of incompetent persons with county probate courts in 1852 (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). That jurisdiction transferred to the probate divisions of District Courts when County Probate Courts were abolished at statehood.

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.

The Territorial Legislature made provision for formal adoptions in 1884 and assigned jurisdiction to County Probate Courts (Compiled Laws of Utah, vol. II, 1888, part 5, chapter 4). Adoption case files include a formal petition, documents supporting the petition and the court's final decree. In this series adoption case files begin in 1893. Whereas early adoptions were open to the public and sometimes published in the newspaper, adoptions later became private. Most adoption records in this series are closed to public access (see access restrictions note). In addition to probate and adoption, case files this series also include official name changes.

Arrangement

Numerical by case number.

For reasons unknown certain case files were removed from their original order and re-filmed. These case files appear on the microfilm reels at the end of the series. They may potentially fill gaps found in the original case file arrangement.

Research Note

It appears that many of the earliest case files in the series contain records that originated in either the Territorial First District Court or the Emery County Probate Court. Several of the earliest case files from this series originate prior to 1896 and presumably made their way into this series when final action was eventually taken in the Seventh District Court.

Related Records

Probate record books from the District Court (Seventh District : Emery County), Series 1088, more fully document court proceedings as they relate to individual cases.

Probate registers of actions from the District Court (Seventh District : Emery County), Series 21917, record the date any action was taken on a case and briefly state what that action was.

Additional Forms

This series is available on microfilm.

Access Restrictions

This series is primarily classified as Public. The secondary classification is Exempt: Judicial records are public unless restricted under rules of civil procedure (UCA 63G-2-301-[1][f]). Included are custody proceedings, guardianship files, minutes, & probate records. Wills are generally considered private data until probate.

Preferred Citation

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

Gaps in Series

Cases 12-41, 97, and 166 were missing at time of transfer in 1987.

Processing Note

The container list was drafted and preliminary processing completed by Allen Clark in 2008. Final finding aid was drafted by Jim Kichas in June 2008.

Indexing Terms

Container List

REEL DATE DESCRIPTION
1 1888-1889 2-13
2 1889-1902 13-44
3 1902-1907 44-71
4 1907-1912 71-110
5 1912-1915 110-149
6 1915-1918 150-196
7 1918-1919 196-207
8 1919-1921 208-222
9 1921-1922 222-239
10 1922-1925 239-283
11 1925-1926 284-307
12 1926-1928 308-325
13 1928-1932 325-371
14 1932-1934 371-411
15 1934-1937 411-459
16 1937-1938 459-485
17 1938-1940 485-524
18 1940-1942 524-571
19 1942-1944 571-616
20 1944-1945 616-662
21 1946 663-668
22 1946-1948 668-732
23 1948-1949 732-780
24 1949-1952 781-833
25 1952-1953 833-860
26 1953-1954 860-909
27 1954-1955 910-951
28 1955-1956 952-985
29 1956-1957 986-1010
30 1957-1958 1011-1034
31 1958 1035-1062
32 1958-1960 1063-1103
33 1960-1961 1104-1138
34 1961-1963 1139-1175
35 1963-1964 1176-1216
36 1964-1966 1217-1255
37 1966-1967 1256-1293
38 1967-1968 1294-1317
39 1968-1969 1318-1350
40 1969-1970 1351-1377
41 1970-1972 1378-1414
42 1972-1973 1415-1453
43 1973-1974 1454-1492
44 1974-1975 1493-1533
45 1975-1976 1534-1592
46 1976-1978 1593-1644
47 1978-1981 1645-1759
48 1981-1985 1760-1924
49 1985-1989 1925-2029
50 1952-1958 918-975
51 1956-1959 975-1019
52 1957-1962 1020-1061
53 1959-1960 1061-1114
54 1964-1968 1229-1289
55 1967-1969 1289-1310