District Court (First District : Cache County) Probate case files
Dates: i 1864-
These records are housed in the Utah State Archives' permanent storage room.
An agency history is available.
Scope and Content
Probate case files 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. Most adoption records in this series are closed to public access (see access restrictions note).
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.
Numerical by case number.
The Cache County probate case files are arranged numerically by consecutive case number. Evidently numbers began to to assigned approximately 1914. Cases filed in the district court since statehood as well as some originally filed with the Cache County Probate Court (1881-1896) presumably were assigned numbers according to the date of filing. These cases have logical case numbers at the beginning of the numbering scheme, however, over 60 territorial cases from 1864-1893 were initially overlooked. These were assigned numbers 1226-1289. Case numbers 1288-1473 were not assigned.
Probate record books from the District Court (First District : Cache County), Series 767, document proceedings in probate cases.
Adoptions from the District Court (First District : Cache County), Series 13838, include adoption case files, which are sealed, which were removed from the probate case files at the time of filming.
Probate index from the District Court (First District : Cache County), Series 22659, records the names of parties in probate actions and provides assigned estate numbers.
Probate registers of actions from the District Court (First District : Cache County), Series 22724, record case numbers as well as a summary of actions filed in probate cases.
Probate minute/record books from the District Court (First District : Cache County), Series 22905, include a daily record of documents filed and actions taken with regard to probate matters.
Minute books from the District Court (First District : Cache County), Series 26016, contains probate case files referenced in these minute books.
The Cache County Clerk was constitutionally designated as ex-officio clerk of First District Court in and for Cache County until 1989 when the state assumed full financial and administrative responsibility for the district court. At that time a new court clerk was appointed. The district court clerk transferred probate case files to the state archives in May 1994.
This series is available on microfilm.
Utah law, enacted in 1941, sealed all adoption records with the exception that they can be released upon a court order expressly permitting inspection (Laws of Utah, 1941, chapter 17, 14-1-15). This restriction has subsequently been amended (1999) to allow public access one hundred years after the date of final decree or access as provided for in a mutual consent registry (Utah Code 78-30-15, 18). The probate division's jurisdiction over adoptions preceded the enactment of these laws and therefore many adoption records were filed and microfilmed among probate cases. Utah State Archives staff supervises access to this series in order to provide access to probate records, but not to adoption records.
Cite the Utah State Archives and Records Service, the creating agency name, the series title, and the series number.
A target on reel 35 incorrectly lists as missing cases 1288-1473. Cases numbers 1288-1473 were not assigned, resulting in an apparent 185-case number gap.
Case files were designated as a permanent record by Records Disposition Request 1979-52, which also authorized microfilming and destruction of the original records. The records retention policy of the Utah Judicial Council reprinted in the 1983 state retention schedule first specified a nine-year retention before microfilming. Microfilming of cases 1-34 by the Utah State Archives was completed in July 2001. Filming of the bulk of the probate case files by Utah Correctional Industries (UCI) took place between June 1994 and December 1996. Adoption case files (which are sealed for 100 years) were removed during filming and transferred to a new series. The probate case files were archivally processed by W. Glen Fairclough, Jr., in May 2000.
Other: a research guide entitled "Court/Judicial Records in the Utah State Archives" is available for patron use. Indexes: the probate index (series 22659) and the probate register of actions (series 22724) serve as indices to the probate case files, covering from 1894 thru 1966.
- Executors and administrators--Utah--Cache County.
- Court records--Cache County (Utah).
- Probate records--Cache County (Utah).
- Adoption--Cache County (Utah).
- Guardian and ward--Cache County (Utah).
- Cache County (Utah)--Trials.
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