Summit County (Utah). Probate Court

Initially the court did probate, civil, criminal, and chancery cases. Civil cases included naturalizations, divorces, and civil disputes, most frequently over debts. Criminal cases included larceny, burglary, murder, perjury, assault, riot, embezlement, forgery, pornagraphy, assisting prisoners to escape, operating without a license, etc. Probate cases included the estates of deceased persons and the guardianship of the estates of minors and the incompetent. Adoptions are also covered from 1884 when the legislature first made provisions for legal adoption to 1896. Corporations could incorporate by entering into a signed agreement before the probate judge. Corporations could disincorporate by having the officers present a statement to the probate judge that 2/3 of the stockholders agreed to disincorporate. In 1867 federal homestead law, further revised in 1869, allowed for the probate judge to hold hearings and determine who could receive title to the federal land (all territorial land by definition was federal land) occupied by individuals.?In 1874 the federal Poland Bill curtailed the jurisdication of the probate courts to matters of probate and concurrent jurisdiction with the district courts in divorce. All other civil, criminal, and chancery jurisdiction was revoked. In 1887, the federal Edmunds Tucker Act revoked jurisdiction of the probate courts in all but probate and guardianship matters. Probate matters passed to the probate division of the Third District Court in and for Salt Lake County in 1896 when the probate court was abolished.

The probate judge was elected by the territorial legislature and commissioned by the governor. The judge was to hold office for four years. In case of vacancy, the governor could appoint a judge until the legislature met and elected someone. In 1888, the federal Edmunds-Tucker Act made the office appointive by the President of the United States. The position and the court were abolished in 1896.

There was a clerk of the court position which was also known as the county clerk. The probate judge and the county selectmen formed another agency known as the County Court which later became the County Commission, thus causing great confusion in the law and records between the Probate Court and the County Court.