Series 24249
Kane County (Utah). Probate Court Record books
Dates: 1864-1896.
1 microfilm reel
These records are housed in the Utah State Archives' permanent storage room.
Historical Note
An agency history is available.
Scope and Content
Kane County Probate Court Record Book B summarizes the proceedings of the court, and validates that at least for the term of the book (1878-1896) the court primarily dealt with the probate of estates for deceased persons and with guardianship cases. As specified by the Territorial Legislature in 1852, county probate court powers included the authority to probate wills, administer the estates of deceased persons, and establish guardianships for minors, idiots, and the insane. (An Act in Relation to the Judiciary, in 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). The basic procedure for probate cases includes unsealing and admitting a will, if any, and obtaining the testimony of witnesses to prove the will's validity. It also includes such things as appointing administrators; giving notice to creditors; appointing appraisers and filing their report; orderingthe sale of property; providing proof of settlement or distribution of the property; and releasing administrators from further responsibility. Kane County Probate Court Record Book B contains a variety of orders, petitions, wills, and other documents relating to this process.
During the territorial period Utah county probate courts served a variety of additional functions. Early Utah probate courts held jurisdiction in civil and criminal matters, but by 1878 this had been limited to divorces only. A few divorce cases are included in Book B. The Territorial Assembly also appointed county probate courts to adjudicate ownership of townsite lots and to acknowledge incorporations. Book B includes summary information for the court's adjudication of townsite lots in Virgin City, Duncan's Retreat, Grafton, Rockville, Kanab, Glendale, and Mt. Carmel.
Gaps in Series
Kane County Probate Court Book B opens in 1878, fourteen years after the creation of Kane County. This suggests the existence of a Book A (1864-1878). The existence or location this book is unknown.
Research Note
The court predominantly dealt with the probate of the estates of deceased persons and with guardianships. However, because the probate court handled a variety of functions record entries dealing with other functions are scattered through the book.
Research Note
The court predominantly dealt with the probate of the estates of deceased persons and with guardianships. However, because the probate court handled a variety of functions record entries dealing with other functions are scattered through the book.
Images Available
This series is available on microfilm.
Copies of these records are located at Familysearch.org View Online.
Access Restrictions
This series is designated as Public.
Reproduction and Use
These records are available for reproduction and use.
Finding Aids
Indexes: The Kane County Probate record book includes an index which provides reference to persons, locations, and incorporations involved in court matters.
Related Records
Probate registers of actions from the District Court (Sixth District : Kane County), Series 18269, contain information about the probate of estates in Kane County after 1896.
Indexing Terms
Executors and administrators--Utah--Kane County.
Townsite law--Utah--Kane County.
Divorce--Utah--Kane County.
Probate courts--Utah--Kane County.
Guardian and ward--Utah--Kane County.
| REEL | DESCRIPTION |
| 1 | Record Book B;1878 - 1896 |