Utah Department of Administrative Services

Division of Archives & Records Service

Series 26645

District Court (Fifth District : Iron County) Probate case files

Dates: 1895-

31.00 cubic feet and 64 microfilm reelsSkip to Containers

These records are housed in the Utah State Archives' permanent storage room.

Scope and Content

Probate case files from the Fifth District Court in Iron County 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.

Utah's Territorial Assembly established original jurisdiction over the probate of estates and the guardianship of incompetent persons with county probate courts in 1852 (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). That jurisdiction transferred to the probate divisions of District Courts when County Probate Courts were abolished at statehood.

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.

The Territorial Legislature made provision for formal adoptions in 1884 and assigned jurisdiction to County Probate Courts (Compiled Laws of Utah, vol. II, 1888, part 5, chapter 4). Adoption case files include a formal petition, documents supporting the petition and the court's final decree. In this series adoption case files begin in 1893. Whereas early adoptions were open to the public and sometimes published in the newspaper, adoptions later became private. Most adoption records in this series are closed to public access (see access restrictions note). In addition to probate and adoption, case files this series also include official name changes.

Arrangement

For records created from 1875 to 1901, arrangement is alphabetical by surname..

Research Note

It appears that the court began renumbering probate case files on two seperate occassions. Researchers will see two seperate ranges numbering from 1 to 100 that were created between 1895 and 1908. After 1908 the case files remain consistenly numered to the end of the series.

Related Records

Probate record books from the District Court (Fifth District : Iron County), Series 1124, more fully document court proceedings as they relate to individual cases.

Probate registers of actions from the District Court (Fifth District : Iron County), Series 18218, record the date any action was taken on a case and briefly state what that action was.

Probate index from the District Court (Fifth District : Iron County), Series 26659, contains an index book which can be used to identify the case numbers needed to access these case files.

Custody History

All case files created between 1895 and 1956 were transferred to the Utah State Archives in 2007. For access to case files post-1955 researchers should contact the clerk of the Fifth District Court in Iron County.

Additional Forms

This series is available on microfilm.

Access Restrictions

Probate proceedings are public records. However adoption records, which are filed throughout the probate case files, require the permission of the Fifth District Court until 100 years have passed.

Preferred Citation

Cite the Utah State Archives and Records Service, the creating agency name, the series title, and the series number.

Gaps in Series

Cases 2, 9, 25, 33, 37, 174, 184, 190, 198, 307, 319, 376, 575, 580, 596, 614, 763, 810, and 1457 are missing.

Processing Note

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.

Indexing Terms

Container List

REEL BOX DATE DESCRIPTION
1 1 1895-1908 1-15
2 1 1895-1908 16-47
3 1 1895-1908 48-50
3 2 1895-1908 51-68
4 2 1895-1908 69-90
5 2 1895-1908 91-100
5 3 1895-1908 1-13
6 3 1895-1908 14-33
7 3 1895-1908 34-49
7 4 1895-1908 50-52
8 4 1895-1908 53-76
9 4 1895-1908 77-100
10 5 1908-1912 1-12
11 5 1908-1912 13-40
12 5 1912-1914 41
12 6 1912-1914 42-61
13 6 1914-1916 62-80
13 7 1914-1916 81-82
14 7 1916-1917 83-98
15 7 1918-1919 99-116
16 7 1918-1920 117-118
16 8 1918-1920 119-142
17 8 1920 143-163
18 9 1920-1922 164-187
19 9 1922-1927 188-208
20 9 1927-1930 209-223
20 10 1927-1930 224-240
21 10 1927-1930 241-261
22 10 1923-1930 262-276
22 11 1923-1930 277-290
23 11 1927-1930 291-320
24 11 1927-1930 321-329
24 12 1927-1930 330-355
25 12 1930-1932 356-382
26 12 1930-1932 383
26 13 1930-1932 384-412
27 13 1931-1933 413-434
28 13 1933-1934 435
28 14 1933-1934 436-465
29 14 1934-1935 466-483
30 14 1935 484-500
30 15 1935 501-502
31 15 1935-1936 503-520
32 15 1936 521-534
33 15 1936-1937 535-541
33 16 1936-1937 542-550
34 16 1937 551-576
35 16 1938-1940 576(a)-591
35 17 1938-1940 592-599
36 17 1938-1940 600-615
N/A 17 1939-1940 616-659
37 17 1939-1940 660-676
38 17 1940 677-690
38 18 1940-1941 691-698
39 18 1940-1941 699-726
40 18 1941 727-735
41 18 1941-1942 736-737
41 19 1941-1942 738-760
42 19 1942 761-772
42 20 1942 773-776
43 20 1942-1943 777-788
44 20 1943-1944 788(a)-813
45 20 1943-1944 814-825
45 21 1943-1944 826-842
46 21 1944 843-877
47 21 1944-1945 878-895
47 22 1944-1945 896-909
48 22 1945 910-918
49 22 1946 919-931
49 23 1946 932-967
50 23 1946-1947 968-1011
51 24 1947-1948 1012-1051
52 24 1947-1948 1052-1078
52 25 1947-1948 1079-1094
53 25 1948-1949 1095-1137
54 25 1948-1949 1138-1153
54 26 1948-1949 1154-1176
55 26 1950 1176(a)-1215
56 27 1950-1951 1216-1244
57 27 1951-1952 1245-1281
57 28 1951-1952 1282-1287
58 28 1952-1953 1288-1334
59 28 1952-1953 1335-1337
59 29 1952-1953 1338-1374
60 29 1952-1953 1375-1399
61 29 1953 1400
61 30 1953-1955 1401-1434
62 30 1953-1955 1435-1438
63 30 1953-1955 1439-1455
63 31 1953-1955 1456-1488
64 31 1953-1955 1489-1511