Agency Histories

The Probate Court was created under the State of Deseret and continued by the Utah territorial legislature. Probate Courts were also established under Federal territorial law (Organic Act). Probate courts under federal law traditionally dealt with matters of estates of deceased persons and the guardianship of the estates of minors and the incompetent. In 1852, the territorial legislature provided that the county probate court should also have original jurisdiction in civil, criminal, and chancery cases. This meant that original jurisdiction of the county probate courts coincided and conflicted with the original jurisdiction exercised in the federally appointed district courts. With statehood in 1896, probate courts were abolished entirely.