Series 26663
District Court (Fifth District : Iron County) Record of Wills, 1871-1924.
0.20 cubic foot and 1 microfilm reel
These records are housed in the Utah State Archives' permanent storage room.
Historical Note
See history of the records' creator.
Summary of Records
Scope and Content
This series is comprised of single book used to record wills with the court. The record was started in the territorial probate court for Iron County and was continued after statehood by the clerk of the state district court. The book contains handwritten copies of wills presented to the clerk of the court by residents of the county. The Territorial Legislative Assembly organized probate courts in each of Utah's counties and gave these courts jurisdiction in the probate of wills and the administration of estates of deceased persons (Laws of Utah, Chapter 42, 1852). The assembly clarified the manner in which estates should be settled. By law any person of full age and of sound mind could dispose of all of his property by will, with the exception that sufficient first be withheld to pay any outstanding debts. The signatures of two competent witnesses in addition to the testator validated a completed will. The law provided that wills could be sealed and deposited with the clerk of the probate court where they would be preserved until the death of the testator. Otherwise, any person having custody of a will could bring it into the court at the death of the testator. The law stated that if the court allowed and attested the will, it should be carried into effect (Compiled Laws of Utah, 1876, Title 14, chapter 1, sections 1-6).
Arrangement
Chronological by date of filing with the court.
Additional Forms
This series is available on microfilm.
Access Restrictions
This series is classified as Public.
Use Restrictions
These records are available for reproduction and use.
Preferred Citation
Cite the Utah State Archives and Records Service, the creating agency name, the series title, and the series number.
Custody History
The court transferred the book in this series to the State Archives in 2007. It was sent to the regional repository at Southern Utah University Special Collections in November 2009. The Special Collections returned the book to the State Archives in October 2025.
Acquisition Information
These records were acquired from the creating agency through established retention schedules.
Processing Information
This series was archivally processed by Jim Kichas and Emily Gurr in May 2008 as part of a NHPRC grant project designed to preserve the historic records of Utah's Fifth District Courts. The finding aid was updated in December 2025 by Alan B. Barnett, after the series was returned to the State Archives.
Other Finding Aids
Indexes: A name index created by Archives staff is found with the book in this series.
Related Material
Minutes from Iron County (Utah). Probate Court, Series 17477, contain a record of the daily proceedings of the court and document when the wills in this series from the territorial period were introduced in court.
Probate Registers of Actions from the District Court (Fifth District : Iron County), Series 18218, can be used in conjunction with this series to determine the exact dates for court proceedings.
Probate case files from the District Court (Fifth District : Iron County), Series 26645, contains the complete case files associated with the wills in this series.
Indexing Terms
Container List
| Reel | Box | Description |
|---|---|---|
| 1 | 1 | Record of Wills; 1871 Mar 13-1924 Jun 4 |