Series 13839
District Court (First District : Cache County) Probated wills
Dates: 1913, 1915, 1938, 1939-
5 microfilm reels
These records are housed in the Utah State Archives' permanent storage room.
Historical Note
An agency history is available.
Scope and Content
Probated copies of the last will and testament (including any codicil) of Cache County testators submitted to the First District Court for probate make up this series. The structure of individual wills may vary greatly, from a simple manuscript with a single substantive provision to a complex document with multiple sections which cover a variety of topics concerning the estate. Basic information includes the testator's name, county of residence, and in some cases occupation or trade, plus directions, requests, and bequests. Bequests to heirs may cite relationship to the deceased and include specific items or properties bequeathed. The name of the person(s) appointed executor(s) is usually cited. A certificate of proof of will wasincluded until September 1942. Collectively the series is composed of loose papers from individual cases (both holographic and typewritten); it is not a compilation of documents from multiple matters transcribed in record books.
Gaps in Series
The bulk of the wills were filed between February 14, 1939, and December 21, 1984 (estate nos. 3723-9075). While all years during this period are accounted for, numerous wills (random individual and small clusters) are missing. Only three isolated wills prior to 1939 are included: no. 1121 (July 25, 1913); no. 1589 (December 27, 1915); and no. 3631 (April 6, 1938).
Research Note
Utah law provides that a will may be deposited by the testator or his agent with the county clerk for safekeeping under the rules of the court. Wills generally are considered to be confidential until probated, after which they are public data (Uniform Probate Code, UCA 75-2-901 [1975]). Copies of probated wills may also be found in the case files or transcribed in minute/record books. Wills from estates 9075 and higher (probated since December 21, 1984), remain in the custody of the court clerk. No will exists for individuals who die intestate, leaving distribution of the estate to the discretion of the court.
Research Note
Utah law provides that a will may be deposited by the testator or his agent with the county clerk for safekeeping under the rules of the court. Wills generally are considered to be confidential until probated, after which they are public data (Uniform Probate Code, UCA 75-2-901 [1975]). Copies of probated wills may also be found in the case files or transcribed in minute/record books. Wills from estates 9075 and higher (probated since December 21, 1984), remain in the custody of the court clerk. No will exists for individuals who die intestate, leaving distribution of the estate to the discretion of the court.
Access Restrictions
This series is designated as Public: UCA 75-2-901 (1975).
Reproduction and Use
These records are available for reproduction and use.
Finding Aids
Other: a research guide entitled "Judicial/Court Records at the Utah State Archives" is available for patron use.
Related Records
Probate record books from the District Court (First District : Cache County), Series 767, include copies of wills, bonds, letters testamentary, and related documents filed from 1876 to 1906.
Probate index from the District Court (First District : Cache County), Series 22659, provides corresponding estate numbers.
Probate registers of actions from the District Court (First District : Cache County), Series 22724, provide a brief abstract of motions and orders, the amount of fees collected, and the eventual disposition, as well as being an alternate source for corresponding estate numbers.
Probate minute/record books from the District Court (First District : Cache County), Series 22905, include a daily record of documents filed and actions taken with regard to every matter brought before each session of the court.
Indexing Terms
Executors and administrators--Utah--Cache County.
Probate records--Cache County (Utah).
Wills--Utah--Cache County.
| REEL | DATE | DESCRIPTION |
| 1 | 1913 | 1121 |
| 1 | 1915 | 1589 |
| 1 | 1938 | 3631 |
| 1 | 1939 - 1952 | 3723-5144 |
| 2 | 1952 - 1963 | 5145-6430 |
| 3 | 1963 - 1973 | 6433-7560 |
| 4 | 1973 - 1980 | 7560-8399 |
| 5 | 1980 - 1984 | 8402-9075 |