Utah Department of Administrative Services

Division of Archives & Records Service

Series 6241

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

Dates: 1856-

27.00 cubic feet and 41 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 Beaver 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

Numerical by case number.

Research Note

It appears that many of the earliest case files in the series contain records that originated in either the Territorial Second District Court or the Beaver County Probate Court. Several of the earliest case files from this series originate prior to 1896 and presumably made their way into this series when final action was eventually taken by the Fifth District Court.

Related Records

Probate record books from the District Court (Fifth District : Beaver County), Series 1053, contains the complete case files cited throughout these record books.

Probate registers of action from the District Court (Fifth District : Beaver County), Series 23866, contains the complete case files cited throughout these record books.

Probate case index from the District Court (Fifth District : Beaver County), Series 26588, contains an alphabetical index which can be used to identify the case file numbers needed to access this series.

Custody History

All case files created between 1896 and 1956 were transferred to the Utah State Archives in 2007. For access to case files post-1956 researchers should contact the clerk of the Fifth District Court in Beaver County.

Additional Forms

This series is available on microfilm.

Access Restrictions

This series is primarily classified as Public. The secondary classification is Exempt: Judicial records are public unless restricted under rules of civil procedure (UCA 63G-2-301-[1][f]). Included are custody proceedings, guardianship files, minutes, & probate records..

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 67, 99, 110, 129, 154, 168, 174, 188, 197, 201, 203, 223, 238, 248, 283, 346, and 1080 are missing.

Processing Note

This series was archivally processed by Jim Kichas and Emily Gurr in April 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 1894-1899 1-14
2 1 1899-1901 15-25
2 2 1901 26
3 2 1902 27-42
4 2 1902-1908 43-53
4 3 1902-1908 54-63
5 3 1908-1909 64-92
5 4 1908-1909 93-96
6 4 1910-1913 97-122
7 4 1913-1914 123-125
7 5 1913-1914 126-155
8 5 1913-1914 156-172
8 6 1913-1914 173-188
9 6 1915-1917 189-220
10 6 1917 221
10 7 1917-1921 222-240
11 7 1921 241-254
11 8 1921 255-263
12 8 1921-1924 264-289
13 8 1924 290-292
13 9 1924-1925 293-311
14 9 1925-1928 312-329
14 10 1925-1928 330-347
15 10 1928-1929 348-372
15 11 1929 373
16 11 1929-1931 374-397
17 11 1931-1933 398-409
17 12 1931-1933 410-423
18 12 1933 424-427
19 12 1933-1935 428-440
19 13 1933-1935 441-449
20 13 1935 450-462
21 13 1935-1936 463-480
21 14 1935-1936 481-490
22 14 1936-1938 491-527
23 14 1938-1939 528-540
23 15 1938-1939 541-560
24 15 1940 561-591
24 16 1940 592-595
25 16 1940-1942 596-629
26 16 1942-1943 630-636
26 17 1942-1943 637-657
27 17 1943-1944 658-681
28 18 1944-1945 682-709
29 18 1945 710-717
29 19 1945 718-732
30 19 1946 733-756
31 20 1947 757-793
32 20 1947-1948 794-803
32 21 1947-1948 804-828
33 21 1948-1949 829-850
33 22 1948-1949 851-859
34 22 1949 860-891
35 22 1949 892-894
35 23 1949-1950 895-917A
36 23 1950-1951 918-934
36 24 1951-1952 935-946
37 24 1951-1952 947-971
37 25 1951-1952 972-976
38 25 1952-1954 977-1008
39 25 1954-1955 1009-1011
39 26 1954-1955 1012-1049
40 26 1955-1956 1050-1057
40 27 1955-1956 1058-1085
41 27 1956 1086-1089