Utah Department of Administrative Services

Division of Archives & Records Service

Series 17925

District Court (Fourth District : Juab County) Probate case files

Dates: 1896-

67.00 cubic feetSkip to Containers

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

Scope and Content

Probate case files from the Fourth District Court in Juab 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.

Related Records

Probate record books from the District Court (Fourth District : Juab County), Series 1160, more fully document court proceedings as they relate to individual cases.

Probate register from the District Court (Fourth District : Juab County), Series 13104, contains a summary of actions for each case in the case files.

Probate register index from the District Court (Fourth District : Juab County), Series 18198, serves as an index to the probate case files.

Access Restrictions

Probate proceedings are public records. However adoption records, which are filed throughout the probate case files, require the permission of the Third District Court until 100 years have passed.

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 1637 to 1677 are missing.

Processing Note

This series was processed by Jim Kichas in March 2011.

Indexing Terms

Container List

REEL BOX DATE DESCRIPTION
pending 1 1880-1889 3A-26A
pending 2 1890-1900 27A-55A
pending 3 1890-1900 56A-80A
pending 4 1890-1900 80A:2-100A
pending 5 1890-1900 1B-23B
pending 6 1900-1909 24B-46B
pending 7 1900-1909 47B-75B
pending 8 1900-1909 76B-109B
pending 9 1900-1909 110B-138B
pending 10 1900-1909 139B-168B
pending 11 1900-1909 170B-192B
pending 12 1900-1909 193B-224B
pending 13 1910-1919 225B-248B
pending 13 1910-1919 249C-260C
pending 14 1910-1919 261C-299C
pending 15 1910-1919 300C-317C
pending 16 1910-1919 318C-355C
pending 17 1910-1919 357C-398C
pending 18 1910-1919 400C-431C
pending 19 1910-1919 432-473
pending 20 1910-1919 474-512
pending 21 1910-1919 513-555
pending 22 1920-1929 556-599
pending 23 1920-1929 600-640
pending 24 1920-1929 641-675
pending 25 1920-1929 676-715
pending 26 1920-1929 716-740
pending 27 1920-1929 741-770
pending 28 1920-1929 771-807
pending 29 1920-1929 808-843
pending 30 1920-1929 844-879
pending 31 1920-1929 880-900
pending 32 1930-1939 901-937
pending 33 1930-1939 938-969
pending 34 1930-1939 970-1013
pending 35 1930-1939 1014-1049
pending 36 1930-1939 1050-1079
pending 37 1930-1939 1080-1110
pending 38 1930-1939 1111-1125
pending 39 1930-1939 1126-1149
pending 40 1940-1949 1150-1170
pending 41 1940-1949 1171-1207
pending 42 1940-1949 1208-1239
pending 43 1940-1949 1240-1279
pending 44 1940-1949 1280-1308
pending 45 1940-1949 1309-1340
pending 46 1950-1959 1341-1386
pending 47 1950-1959 1387-1419
pending 48 1950-1959 1420-1438
pending 49 1950-1959 1439-1479
pending 50 1950-1959 1480-1517
pending 51 1950-1959 1518-1559
pending 52 1960-1969 1560-1594
pending 53 1960-1969 1595-1636
pending 55 1960-1969 1678-1724
pending 56 1970-1979 1725-1764
pending 57 1970-1979 1765-1804
pending 58 1970-1979 1805-1850(A-B)
pending 59 1970-1979 1850(C-H)-1876
pending 60 1970-1979 1877-1922
pending 61 1970-1979 1923-1971
pending 62 1970-1979 1972-2019
pending 63 1970-1979 2020-2076
pending 64 1970-1979 2077-2116
pending 65 1970-1979 2117-2155
pending 66 1970-1979 2156-2175