District Court (Eighth District : Duchesne County) Probate case files

Dates: 1915-

14.00 cubic feet and 45 microfilm reels

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

Scope and Content

Probate case files from the Eighth District Court in Duchesne 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 (4th). Duchesne County, Series 17831, available at this institution, more fully document court proceedings as they relate to individual cases.

Custody History

Case files 1 to 846 (1915-1955) were transferred to the State Archives by the court in June 2009.

Access Restrictions

Probate proceedings are public records. However adoption records, which are filed throughout the probate case files, require the permission of the Eighth 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.

Processing Note

This series was archivally processed by Jim Kichas in August 2009.

Indexing Terms

Container List

BOX	DESCRIPTION
1	Case Files: 1 - 52; 1915-1918
2	Case Files: 53 - 105; 1918-1920
3	Case Files: 106 - 160; 1921-1924
4	Case Files: 161 - 235; 1924-1928
5	Case Files: 236 - 315; 1929-1934
6	Case Files: 316 - 380; 1934-1938
7	Case Files: 381 - 460; 1938-1943
8	Case Files: 461 - 530; 1943-1946
9	Case Files: 531 - 589; 1946-1948
10	Case Files: 590 - 655; 1948-1950
11	Case Files: 656 - 725; 1950-1952
12	Case Files: 726 - 779; 1952-1953
13	Case Files: 780 - 846; 1953-1955

REEL	DESCRIPTION
1	Case Files: 1 - 15
2	Case Files: 16 - 31
3	Case Files: 32 - 46
4	Case Files: 47 - 63
5	Case Files: 64 - 79
6	Case Files: 80 - 93
7	Case Files: 94 - 105
8	Case Files: 106 - 127
9	Case Files: 128 - 135
10	Case Files: 135 - 144
11	Case Files: 145 - 164
12	Case Files: 165 - 191
13	Case Files: 192 - 210
14	Case Files: 211 - 230
15	Case Files: 231 - 246
16	Case Files: 247 - 265
17	Case Files: 266 - 288
18	Case Files: 289 - 314
19	Case Files: 315 - 335
20	Case Files: 336 - 356
21	Case Files: 357 - 372
22	Case Files: 373 - 383
23	Case Files: 384 - 396
24	Case Files: 397 - 422
25	Case Files: 423 - 442
26	Case Files: 443 - 469
27	Case Files: 470 - 490
28	Case Files: 491 - 515
29	Case Files: 516 - 537
30	Case Files: 538 - 555
31	Case Files: 556 - 564 (1)
32	Case Files: 564 (2) - 587
33	Case Files: 588 - 601
34	Case Files: 602 - 632
35	Case Files: 633 - 657
36	Case Files: 658 - 681
37	Case Files: 682 - 696
38	Case Files: 697 - 723
39	Case Files: 724 - 733
40	Case Files: 734 - 741
41	Case Files: 742 - 755
42	Case Files: 756 - 779
43	Case Files: 780 - 797
44	Case Files: 798 - 826
45	Case Files: 827 - 846