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Contents

Record Synopsis

Probate is the “court procedure by which a will is proved to be valid or invalid” and encompasses “all matters and proceedings pertaining to the administration of estates, guardianships, etc.”[1] Various types of records are created throughout the probate process. These may include, wills, bonds, petitions, accounts, inventories, administrations, orders, decrees, and distributions. These documents are extremely valuable to genealogists and should not be neglected. In many instances, they are the only known source of relevant information such as the decedent’s date of death, names of his or her spouse, children, parents, siblings, in-laws, neighbors, associates, relatives, and their places of residence. They may also include information about adoption or guardianship of minor children and dependents. For further information about the probate process, types of probate records, analyzing probate records, and to access a glossary of probate terms, see United States Probate Records.

History

Probate records of Kentucky are kept by the county clerk.

Before 1748 there were few American settlers in the area of present-day Kentucky. In the ensuing years,  boundary disputes continued between Tennessee and Kentucky, They were not firmly settled until 1859. As a result, some families were unsure which state they lived in. Often, records for them are found in both states.

A loss of records occurred in some of the 120 counties of Kentucky by either fire or accident. Fortunately, some of these lost records were later re-recorded, making it necessary to extend a search in those counties well past the years in which the records were destroyed.

  • A brief history of the settlement and boundary changes of Kentucky and the resultant effects on record keeping can be found on Ancestry.($)
  • A discussion of Kentucky Probate Records written by Wendy Bebout Elliott for Red book: American State, County, and Town Sources can be found at Ancestry. ($)

State Statutes

Understanding the Kentucky probate laws and how they changed over time can help us learn how the estate was administered, taxed, and distributed and might help to solve difficult genealogical problems.

Additional information about Kentucky state statutes relating to probate matters can be found at law libraries. Online digital versions of state statutes can often be found by conducting a search engine search for the term, "Kentucky statutes."

Repositories

Local

  • Probate records of Kentucky are kept by the county clerk.

Regional

National

Statewide Record Collections

  • Index to Kentucky Wills to 1851, the Testators. Salt Lake City, Utah: Accelerated Indexing Systems, 1979. FHL Book976.9 P22i. This index shows the testator’s name, county, year of the will, volume, and page number.

  • King, Junie Estelle Stewart. Abstract[s] of Early Kentucky Wills and Inventories. 1933; reprint, Baltimore, Md.: Genealogical Publishing, 1961. FHL Book 976.9 P28k; Film 897212 Item 5; Fiche 6051356. Includes surname index. Digital version at Ancestry ($).

  • Early Kentucky Settlers. 1700s-1800s. [S.l.]: Brøderbund, c2000. FHL CD-ROM no. 9 pt. 519, FHL US/CAN Access Window.

  • Daughters of the American Revolution. Bryan Station Chapter (Lexington, Kentucky). Kentucky Court Records, Wills, Deeds, Bibles, Tombstones, etc. Salt Lake City, Utah: Filmed by the Genealogical Society of Utah, 1971. FHL Film 855035 Item 6.

  • Eddlemon, Sherida K. Kentucky Genealogical Records & Abstracts. Bowie, Maryland: Heritage Books, c1997-1998. FHL Book 976.9 D28e v. 1, 2.

  • Ardery, Julia Hoge Spencer, Kentucky Records. Baltimore, Maryland: Genealogical Pub. Co., 1969, 1972. FHL Book 976.9 D2a 1969 v. 2; Fiche 6049306 v.1 (3 fiche), FHL Film 908282 Item 1.

  • Daughters of the American Revolution. Fincastle Chapter (Louisville, Kentucky). Kentucky Wills, Inscriptions, Marriages, and Miscellaneous Records. Salt Lake City, Utah: Filmed by the Genealogical Society of Utah, 1971. FHL Film 855037 Item 7

  • Daughters of the American Revolution. Captain John Waller Chapter (Lexington, Kentucky). Kentucky, Miscellaneous Records. Salt Lake City, Utah: Filmed by the Genealogical Society of Utah, 1971. FHL Film 855036 Item 5.

  • Kentucky Historical Society (Frankfort, Kentucky). Manuscripts: Autographed Letters and Papers: 1764-1950. Frankfort, Kentucky: Kentucky Historical Society, 1971. FHL Film 1464005-1464007 .

  • Kentucky Genealogical Society (Frankfort, Kentucky).  Wills and Ways: Miscellaneous Kentucky Records. Frankfort, Kentucky: Kentucky Genealogical Society, 1975. FHL Book 976.9 V2k; Film 1036724 Item 9.

  • Daughters of the American Revolution. Independence Pioneers Chapter (Missouri). Wills, 1655-1871, 1917. Independence, Missouri: The D.A.R. chapter, 1970-1971. FHL Book 973 P2w; Film 824052 Item 1; Film 870178 Item 1(another filming). Includes index.

  • Kentucky. County Court (Lewis County). Wills, 1807-1867. Salt Lake City, Utah: Filmed by the Genealogical Society of Utah, 1962. FHL Film 344045-344048. Includes index.

Book J of the Kentucky Court of Appeals (1780-88) contains some wills and inventories. It can be found under the subject of Kentucky - Land and property in the FHL catalog:

  • Cook, Michael L. and Bettie A. Cook. Kentucky Court of Appeals Deed Books. Evansville, Indiana: Cook Publications, 1985. FHL Book 976.9 R2c 4 vol..

Learn More

Published Materials

  • Bennett, R. Terry, Sean E. Mumaw and National Business Business Institute. Kentucky Probate: Beyond the Basics. Eau Claire, WI : NBI, Inc., ©2005. At many libraries (WorldCat)

Websites

A wiki article describing an online collection is found at:

     Kentucky Probate Records (FamilySearch Historical Records)

References

  1. Henry Campbell Black, Black's Law Dictionary, 5th ed. (St. Paul, Minnesota: West Publishing Co., 1979), 1081, "probate."

 

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  • This page was last modified on 12 April 2014, at 19:01.
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