AGENCY: District Court (Second District : Weber County)

SERIES: 6874
TITLE: Probate case files
DATES: 1851-
ARRANGEMENT: Numerical by case number.

DESCRIPTION: Probate case files are a collection of all documents and actions filed with the court clerk in the course of probating wills of deceased persons. Included are guardianships, adoptions (until 1924), and commitments (until 1920). Records and documents pertaining to a particular action are filed together by the court clerk, who is required by the Rules of Civil Procedure to file pleadings and other legal papers. Collectively they constitute the case file. Case numbers are assigned by the court when papers are initially filed with the clerk.

Files for probate cases include such documents as wills, decrees, continuations of hearings, discharges, petitions, notices, bonds, letters testamentary, testimonies, findings of fact and conclusions of law, commitments, affidavits, proof of publication, appraisments , reports, orders, depositions, property inventories, etc.

RETENTION

Retain permanently

DISPOSITION

May Transfer to Archives.

RETENTION AND DISPOSITION AUTHORIZATION

These records are in Archives' permanent custody.

FORMAT MANAGEMENT

Paper: Retain in Office permanently or until microfilmed and then destroy provided microfilm has passed inspection and provided Ancient cases 1-17 are preserved in paper at the Archives.

Microfilm master: Retain in State Archives permanently with authority to weed.

Microfilm duplicate: Retain in Office permanently.

Microfilm duplicate: Retain in State Archives permanently with authority to weed.

APPRAISAL

Historical Legal

Disposition based on documentation about individuals, legal procedure, court history and functions. Case files have legal and administrative value to the court through dismissal or satisfaction of the final judgment. They enforce or protect private rights and prevent or redress private wrongs. The value of the judge's decrees and final judgments to parties in an action may well extend beyond their immediate administrative use.

PRIMARY DESIGNATION

Public. Judicial records are public unless restricted under rules of civil procedure (UCA 63G-2-301-[1][f]). Included are custody proceedings, guardianship files, minutes, and probate records.

SECONDARY DESIGNATION

Private. Wills are generally considered private data until probated, after which they are public data (Uniform Probate Code, UCA 75-2-901).

Private. Adoption petitions, written reports, and any documents filed in connection with an adoption hearing are to be sealed according to UCA 78-30-15.

Private. Commitment proceedings are classified by the Administrative Office of the Court as private (Code of Judicial Administration, Rule 4-202, section 3 [G][iii]).