Probate Records

This research guide identifies probate records available at the Utah State Archives. In addition to the probate of estates the probate divisions of Utah District Courts also have jurisdiction over guardianships for minors or incompetent adults. Probate records generated by Utah District Courts typically also include records of adoptions and may include other miscellaneous cases such as incorporation dissolutions and name changes.

When the Utah Territorial Legislature established the jurisdiction and authority of county probate courts in 1852, it established the jurisdiction of these courts over probate. The Legislature granted county probate courts authority “to probate wills, administer the estates of deceased persons, and to establish guardianships of minors, idiots, and the insane" (An Act in Relation to the Judiciary. 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). During a portion of Utah’s territorial period, county probate courts additionally held jurisdiction over criminal and civil matters. This is significant to probate researchers because early probate records may be mixed with other kinds of cases. When Utah became a state (1896) the county probate courts were abolished. Probate became the jurisdiction of the district court in each county. (See Utah Courts Research Guide)

Probate of estates is the process by which a deceased person’s property is identified and managed, his debts and taxes paid, and then remaining property distributed to beneficiaries as specified in a will, or to heirs as required by law. Typically a probate case begins when the court receives a petition to open the probate of an estate or admit a will. The court responds by holding a hearing to establish the validity of the will and appoint an administrator. Thereafter the administrator notifies creditors of the estate to submit any outstanding bills, and the court obtains a full inventory of the estate. When all property in the estate has been properly accounted for and all outstanding debts paid, the court orders distribution of remaining property among the heirs and releases the administrator from responsibility for the estate. Although the probate process has remained essentially the same throughout Utah’s history, the 1917 State Legislature formalized the process in an extensive probate code (Compiled Laws of Utah, 1917, vol. 2, Title 118, pp. 1493-1545). In 1975, the State Legislature adopted the Utah Uniform Probate Code, which replaced the prior probate code and which, as amended, is the probate code in force today. For more detailed information about probate see http://www.utahprobate.com/

Guardianships are also administered by probate divisions of district courts and previously by county probate courts. A court can establish guardianships when a minor or an incompetent adult holds property requiring oversight and management. They are usually initiated under the terms of a will or upon the petition of a family member. A guardian is generally required to post bond, and is accountable to the court for the management of property entrusted to him.

Utah law provides for the adoption of minor children (Utah Code Annotated, 1953, Title 78, Chapter 30). According to law, the child, the adopting adult, and other persons whose consent is necessary must appear before the district court or provide written consent. When the court is satisfied that adoption is in the best interest of the child, it issues an adoption decree. Typically adoption records have been kept with probate records. Utah adoption records are sealed by law for 100 years. For more information about access to adoption records see the Adoptions Research Guide.

In the course of business the Utah courts generated a variety of record types, including case files, record books, minutes, and registers of action. Case files include all the documents related to a particular case. These documents include petitions, court orders, notices, decrees, and possibly also exhibits, wills, and inventories. Case numbers were generally assigned sequentially as the court opened cases. Record books are recorded copies of important documents found in the case files. These documents generally were recorded chronologically, so documents relating to a particular case may be scattered. Minutes record the daily actions of the court, and may include information about the probate of an estate or guardianship. Registers of action (or registers of estates) are summary lists of actions taken by the court on a particular case. A register will list the date beside each action taken. Registers of action can serve as guides to documents recorded in record books or information recorded in minutes. The following list identifies, by county, probate records available at the Utah State Archives.

Beaver County
Beaver County (Utah). Probate Court
Record Books, 1856-1897	Series 14893
District Court. (Fifth District: Beaver County)
Probate Record Books, 1856-1966	Series 1053
Probate Registers, 1897-1966	Series 23866
Box Elder County
Box Elder County (Utah). Probate Court
Record Books, 1856-1877	Series 82970
District Court. (First District: Box Elder County)
Probate Case Files, 1875-ongoing	Series 11796
Probate Record Books, 1876-1966	Series 17456
Cache County
District Court. (First District: Cache County)
Probate Account Books, 1883-1898	Series 22725
Probate Case Files, 1864-ongoing	Series 1532
Probate Index, 1864-1966	Series 22659
Probate Minute/Record Books, 1860-1966	Series 22905
Probate Record Books, 1876-1906	Series 767
Probate Registers of Actions, 1864-1966	Series 22724
Probated Wills, 1913, 1915, 1938, 1939-ongoing	Series 13839
Carbon County
District Court. (Seventh District: Carbon County)
Probate Record Books, 1895-1966	Series 1063
Dagget County
District Court. (Eighth District: Dagget County)
Probate Record Books, 1919-1966	Series 1076
Davis County
Davis County (Utah). Probate Court
Record Books, 1853-1896	Series 25004
Estate Register of Actions, 1883-1896	Series 25013
District Court. (Second District: Davis County)
Probate Case Files, 1875-ongoing	Series 4654
Guardianship Case Files, 1881-ongoing	Series 4704
Estate Register of Actions, 1896-1966	Series 23717
Will Record Book, 1877-1966	Series 85303
Probate Record Books, 1896-1966	Series 4733
Duchesne County
District Court (Eighth District: Duchesne County)
Probate Orders and Decrees, 1958-1974	Series 17821
Probate Record Books, 1922-1966	Series 17831
Emery County
District Court (Seventh District: Emery County)
Probate Record Books, 1886-ongoing	Series 1088
Probate Registers of Action, 1887-1966	Series 21917
Garfield County
District Court (Sixth District: Garfield County)
Court Case Indexes, 1896-1966	Series 22683
Registers of Actions, 1896-1966	Series 18270
Grand County
District Court (Seventh District: Grand County)
Probate Record Books, 1908-1975	Series 1103
Iron County
Iron County (Utah). Probate Court
Minutes, 1853-1868	Series 17477
District Court (Fifth District: Iron County)
Probate Record Books, 1854-1965	Series 1124
Estate Settlement Record Book, 1889-1890	Series 17475
Probate Registers of Actions, 1895-1948	Series 18218
Juab County
District Court (Fourth District: Juab County)
Probate Record Books, 1862-1962	Series 1160
Probate Registers of Actions, 1911-1984	Series 13104
Probate Register Index, 1883-1965	Series 18198
Kane County
Kane County (Utah). Probate Court
Record Books, 1864-1896	Series 24249
District Court (Sixth District: Kane County)
Probate Registers of Actions, 1896-1966	Series 18269
Millard County
District Court (Fourth District: Millard County)
Probate Record Books, 1870-1966	Series 1188
Probate Registers of Actions, 1880-1951	Series 83440
Probate Registers of Actions Index, 1896-?	Series 18197
Morgan County
District Court (Second District: Morgan County)
Probate Record Books, 1868-1966	Series 1291
Piute County
District Court (Sixth District: Piute County)
Probate Record Books, 1869-1910	Series 1353
Rich County
(no holdings)

Salt Lake County
District Court. (Third District: Salt Lake County)
Probate Minutes, 1884-1971	Series 3938
Probate Record Books, 1852-1966	Series 3372
Probate Records Index, 1876-1979	Series 17611
Wills, 1869-ongoing	Series 3578
Estate Registers, 1876-1988	Series 3927
Probate Case Files, 1854-1969	Series 1621
San Juan County
District Court (Seventh District: San Juan County)
Probate Record Books, 1888-1975	Series 1314
Probate Case Files, 1888-ongoing	Series 13467
Sanpete County
Sanpete County (Utah). Probate Court
Minutes, 1852-1896	Series 17693
District Court (Sixth District: Sanpete County)
Probate Record Books, 1870-1901	Series 1336
Probate Case Files, 1882-ongoing	Series 14694
Probate Registers of Actions, 1873-1966	Series 21851
Sevier County
District Court (Sixth District: Sevier County)
Probate Record Books, 1865-1985	Series 1338
Probate Case Files, 1865-ongoing	Series 6941
Estate Registers, 1885-1907	Series 13477
Summit County
District Court (Third District: Summit County)
Probate Record Books, 1866-1963	Series 1342
Tooele County
Tooele County (Utah). Probate Court	Series 17693
Minutes, 1852-1896
District Court (Third District: Tooele County)
Probate Records, 1896-1966	Series 17546
Probate Records Index, 1896-1955	Series 17612
Uintah County
District Court (Eighth District: Uintah County)
Probate Record Books, 1886-1966	Series 1371
Utah County
District Court (Fourth District: Utah County)
Probate Record Books, 1852-1900, 1958-1964	Series 1373
Wasatch County
Wasatch County (Utah). Probate Court
Administrator’s Record Book, 1883-1898	Series 84148
District Court (Fourth District: Wasatch County)
Probate Record Books, 1862-1964	Series 1378
Probate Minutes, 1908-1919	Series 84155
Washington County
Washington County (Utah). Probate Court
Civil and Criminal Record Books, 1856-1886	Series 3168
District Court. (Fifth District: Washington County)
Estate Administration Index, 1880-1903	Series 23780
Probate Record Books, 1877-1981	Series 18215
Probate Registers of Actions 1902-ongoing	Series 18217
Wayne County
District Court. (Sixth District: Wayne County)
Probate Record Books, 1889-1987	Series 1380
Register of Actions, 1896-1957	Series 18225
Weber County
Weber County (Utah). Probate Court
Probate Minute Books, 1883-1896	Series 5142
District Court. (Second District: Weber County)
Probate Record Books, 1879-1959, 1975-1984	Series 6405
Probate Case Files, 1851-1969	Series 6874
Probate Court Index, 1851-1899	Series 21023

Probate Records

Beaver County