AGENCY: District Court (Fifth District : Washington County)
SERIES: 23739
TITLE: Will record books
DATES: 1876-1988.
ARRANGEMENT: Chronological by date.
DESCRIPTION: Legislators at the second Utah Territorial
Legislative Assembly organized probate courts in each of Utah's counties and
endowed these courts with the right to exercise 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).
Volumes one and two are transcribed by hand while
volumes four, five, and six are typed transcriptions. Regardless of the medium
and complexity of the case, each will follows a similar format. It states that
the testator meets the requirement of being of sound mind and legal age. It
names who the testator desires to be the executor of his estate. It enumerates
the testator's property and designates whom he wishes to inherit each item.
Volume three contains preprinted forms created by the court. These were
available by 1903 though Washington County used them for only a dozen cases and
most of these cases are also available as handwritten transcriptions of the
will in volume two. The preprinted forms each contain an Order Appointing Time
for Probate of Will, Testimonies of Subscribing Witnesses on Probate of Will,
Testimony of Applicant on Probate of Will, Order Admitting Will to Probate,
Executor Bond, Oath of Sureties, Letters Testamentary, Letters of
Administration with Will Annexed, Order Appointing Appraisers, Decree Showing
that Due and Legal Notice to Creditors has been given, and a Final Discharge of
Executor.
RETENTION
DISPOSITION
RETENTION AND DISPOSITION AUTHORIZATION
These records are in Archives' permanent custody.
FORMAT MANAGEMENT
Paper: Retain in State Archives permanently with authority to weed.
Paper: Retain in Office for 10 years and then microfilm and destroy provided microfilm has passed inspection.
Microfilm master: Retain in State Archives permanently.
Microfilm duplicate: Retain in Office permanently.
Microfilm duplicate: Retain in State Archives permanently.
Microfilm master: For records beginning in 1875 through 1966. Retain in State Archives permanently.
Microfilm duplicate: For records beginning in 1875 through 1966. Retain in State Archives permanently.
APPRAISAL
Historical
Disposition based on the value of these records in researching wills, which the court apparently didn't keep.
PRIMARY DESIGNATION
Public