Beaver County (Utah). Probate Court

Concerned about Mormon power in Utah, Congressman Luke Poland sponsored a bill which passed in 1874. The Poland Act revoked Utah county probate courts' jurisdiction in criminal and civil affairs with the exception of divorce cases. In 1887 the Edmunds-Tucker Act revoked the probate courts' jurisdiction over divorces as well. At statehood county probate courts were abolished altogether. In Beaver County, Fifth District Court: Beaver County assumed jurisdiction previously held by the Beaver County Probate Court.

The Beaver County Probate Court administered estates and handled guardianship cases throughout its term of existence (1856-1896). In addition, the court also handled civil and criminal cases until 1874. The court record books suggest that the Beaver County Probate Court handled only a few criminal and property dispute cases. The court also handled a few naturalizations, but in civil matters, the Beaver Court heard numerous divorce cases. In 1872 the Probate Court began holding special sessions to adjudicate land claims in Beaver City, Minersville, Adamsville, and Greenville. Between 1871 and 1897 the Beaver County Probate Court incorporated irrigation, manufacturing, and mining companies, ecclesiastical wards, and the United Order of the Beaver Stake of Zion.

The Territorial Legislature initially appointed probate court judges for four year terms, and the Governor issued their commissions. Judges were required to reside in the county and to preside at all sessions of the probate court. In practice, probate judges were often also Mormon ecclesiastical leaders. The Poland Act (1874) made probate court judges publicly elected officials and the Edmunds-Tucker Act (1887) provided that the judges should be appointed by the President of the United States.

County probate courts met quarterly in March, June, September and December. Originally the judge of each county probate court appointed a clerk to keep a true and faithful record of all the proceedings of the court (Compiled Laws of Utah, 1876, chapter 3, section 32). In 1880 probate court clerks became elected officials, elected for two year terms (Compiled Laws of Utah, 1888, chapter 4, section 91). The probate judge also presided over the County Court, which later became the County Commission, and the clerk officiated in both courts.