Kane County (Utah). Probate Court

Kane County Probate Court Record Book B summarizes the proceedings of the court, and validates that at least for the term of the book (1878-1896), the court primarily dealt with the probate of estates for deceased persons and with guardianship cases. As specified by the Territorial Legislature in 1852, the county probate court powers included authority to probate wills, administer the estates of deceased persons, and establish guardianships for minors, idiots, and the insane. The Kane County Probate Court record book contains a variety of orders, petitions, wills, and other documents relating to this process. During the territorial period Utah county probate courts served a variety of additional functions. Book B also includes a few divorce cases and summary information for the court's adjudication of townsite lots in Virgin City, Duncan's Retreat, Grafton, Rockville, Kanab, Glendale, and Mt. Carmel.

Kane County Probate Court Record Book B summarizes the proceedings of the court, and validates that at least for the term of the book (1878-1896) the court primarily dealt with the probate of estates for deceased persons and with guardianship cases. As specified by the Territorial Legislature in 1852, county probate court powers included the authority to probate wills, administer the estates of deceased persons, and establish guardianships for minors, idiots, and the insane. (An Act in Relation to the Judiciary, in Acts, Resolutions, and Memorials passed by the First Annual, and Special Sessions, of the Legislative Assembly. Great Salt Lake City, 1852, Brigham H. Young, Printer, pp. 38-48). The basic procedure for probate cases includes unsealing and admitting a will, if any, and obtaining the testimony of witnesses to prove the will's validity. It also includes such things as appointing administrators; giving notice to creditors; appointing appraisers and filing their report; ordering the sale of property; providing proof of settlement or distribution of the property; and releasing administrators from further responsibility. Kane County Probate Court Record Book B contains a variety of orders, petitions, wills, and other documents relating to this process.

During the territorial period Utah county probate courts served a variety of additional functions. Early Utah probate courts held jurisdiction in civil and criminal matters, but by 1878 this had been limited to divorces only. A few divorce cases are included in Book B. The Territorial Assembly also appointed county probate courts to adjudicate ownership of townsite lots and to acknowledge incorporations. Book B includes summary information for the court's adjudication of townsite lots in Virgin City, Duncan's Retreat, Grafton, Rockville, Kanab, Glendale, and Mt. Carmel.