Utah Department of Administrative Services

Division of Archives & Records Service

Series 24249

Kane County (Utah). Probate Court Record books

Dates: 1864-1896.

1 microfilm reelSkip to Containers

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

Historical Note

An agency history is available.

Scope and Content

Kane County Probate Court Record Book B summarizes the proceedings of the court, and validates that at least for the term of the book (1878-1896) the court primarily dealt with the probate of estates for deceased persons and with guardianship cases. As specified by the Territorial Legislature in 1852, county probate court powers included the authority to probate wills, administer the estates of deceased persons, and establish guardianships for minors, idiots, and the insane. (An Act in Relation to the Judiciary, in 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). The basic procedure for probate cases includes unsealing and admitting a will, if any, and obtaining the testimony of witnesses to prove the will's validity. It also includes such things as appointing administrators; giving notice to creditors; appointing appraisers and filing their report; ordering the sale of property; providing proof of settlement or distribution of the property; and releasing administrators from further responsibility. Kane County Probate Court Record Book B contains a variety of orders, petitions, wills, and other documents relating to this process.

During the territorial period Utah county probate courts served a variety of additional functions. Early Utah probate courts held jurisdiction in civil and criminal matters, but by 1878 this had been limited to divorces only. A few divorce cases are included in Book B. The Territorial Assembly also appointed county probate courts to adjudicate ownership of townsite lots and to acknowledge incorporations. Book B includes summary information for the court's adjudication of townsite lots in Virgin City, Duncan's Retreat, Grafton, Rockville, Kanab, Glendale, and Mt. Carmel.

Arrangement

Chronological by date.

Research Note

The court predominantly dealt with the probate of the estates of deceased persons and with guardianships. However, because the probate court handled a variety of functions record entries dealing with other functions are scattered through the book.

Related Records

Probate registers from the District Court (Sixth District : Kane County), Series 18269, contain information about the probate of estates in Kane County after 1896.

Access Restrictions

This series is classified as Public.

Preferred Citation

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

Gaps in Series

Kane County Probate Court Book B opens in 1878, fourteen years after the creation of Kane County. This suggests the existence of a Book A (1864-1878). The existence or location this book is unknown.

Processing Note

Kane County Probate Court Record Book B was microfilmed in August 2002 as part of Utah State Archives Millennial Project, and processed by Rosemary Cundiff in February 2003.

Finding Aids

Indexes: The Kane County Probate record book includes an index which provides reference to persons, locations, and incorporations involved in court matters.

Indexing Terms

  • Executors and administrators—Utah—Kane County.
  • Townsite law—Utah—Kane County.
  • Divorce—Utah—Kane County.
  • Probate courts—Utah—Kane County.
  • Guardian and ward—Utah—Kane County.

Container List

REEL DESCRIPTION
1 Record Book B; 1878-1896