Ohio Probate RecordsEdit This Page

From FamilySearch Wiki

(Difference between revisions)
m (cat)
m (Text replace - "Family History Library Catalog" to "FamilySearch Catalog")
 
(29 intermediate revisions by 11 users not shown)
Line 1: Line 1:
''[[Portal:United States Probate|United States Probate]] > [[Ohio|Ohio]] > Ohio Probate Records''
+
''[[United States|United States ]] [[Image:Gotoarrow.png]]  [[United States Probate Records|Probate Records]] [[Image:Gotoarrow.png]]  [[Ohio_Probate_Records|Ohio Probate]]''  
 +
 
 +
== 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.”<ref>Henry Campbell Black, ''Black's Law Dictionary,'' 5th ed. (St. Paul, Minnesota: West Publishing Co., 1979), 1081, "probate."</ref> 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|United States Probate Records]].
 +
 
 +
&nbsp;
 +
 
 +
NOTE:&nbsp; Each county generally transcribed, from the original documents, the most important items from the Probate Estate or Civil Case Packet, e.g. interim and final reports, summary of inventory, appointment of administrators, wills.&nbsp; These transcriptions do not generally include original signatures, nor do they generally reproduce every document related to the case packet.&nbsp; Signatures can be very important, particularly if someone is researching multiple individuals who bear the same name.
 +
 
 +
In some counties the original case packets also still exist, frequently held by&nbsp;another repository, e.g. local historical society rather than at the county courthouse.&nbsp; It is recommended that researchers seek out both the transcribed documents and also the original case packets to glean the most information possible.&nbsp; The original case packets, where they exist, contain the original wills, inventories, letters of administration, receipts, and other documents needed to settle that particular probate estate or probate civil case.&nbsp; These originals&nbsp;have the actual signatures intact.&nbsp;&nbsp;In some instances only the transcribed documents still exist.&nbsp; In others, only the original packets.&nbsp;&nbsp; What is available differs from&nbsp;county to county.&nbsp; &nbsp;
  
 
== History  ==
 
== History  ==
  
Probate records were kept in all counties from the time of each county's creation. Until the establishment of separate probate courts in 1852, these records were kept in the courts of common pleas. All of these records are valuable for determining names of family members, relationships, residences, dates of deaths, and other genealogical information. Genealogists will find more information by locating the estate file, sometimes known as the case file, probate packet, or loose papers, instead of looking only for a will. These files include wills, settlement papers, inventories, receipts, and other records pertaining to the estates. For more information see the [[Ohio County Probate Records|Ohio County Probate Records]] page.
+
Probate records were kept in all counties from the time of each county's creation. Until the establishment of separate probate courts in 1852, these records were kept in the courts of common pleas. You can obtain copies of these records by writing to the clerk of the appropriate county. For more information see the [[Ohio County Probate Records (FamilySearch Historical Records)|Ohio County Probate Records]] page.  
  
== Availability  ==
+
<br>
  
Some probate records were recorded in books. The books carry references to the estate files so that they can be found in the boxes or cabinets where they are filed at the courthouse. You can obtain copies of these records by writing to the clerk of the appropriate county.
+
== State Statutes  ==
  
Probate records may include:
+
Understanding the Ohio 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.  
*[http://en.wikipedia.org/wiki/Letters_of_Administration '''Administration''']: Gives authority to the administrator to settle the estate.  
+
 
*[http://en.wikipedia.org/wiki/Surrogate_Court '''Distributions''']: The manor in which the deceased's possessions are allocated.
+
Additional information about Ohio 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, "Ohio statutes." <br>  
*[[Genealogical Dictionary of Legal Terms |'''Dower Rights''']]: Dower rights are the rights that a non owner spouse has in the real property of his or her spouse.
+
 
*'''Estate File''': The file containing information about the property left by the deceased, to be dispersed between the surviving heirs.  
+
== Repositories ==
*'''Guardianship''':  Probate  Guardianship is when the Court appoints an adult who is not the child’s parent to take care of the child or the child’s property. <ref> [http://www.scselfservice.org/probate/minor/guardianship.htm Superior Court of California County of Santa Clara] </ref>
+
 
*'''Intestate''': When an individual dies without leaving a will. <ref>[http://www.answers.com/topic/intestate Answers.com] </ref>
+
==== Local  ====
*'''Probate Case File''': All of the various loose papers that have been created throughout the probate process. These are bound together and archived by case number; they are also called a case or estate files, or probate estate papers. <ref> [http://www.byub.org/ancestors/records/glossary/index.html#probate_packet Ancestors Glossary]</ref>
+
 
*[http://en.wikipedia.org/wiki/Administration_of_an_estate_on_death '''Letters of Administration''']: A document from a probate court allowing the administrator of an intestate estate to settle the estate. <ref> [http://www.answers.com/topic/letters-of-administration Answers.com] </ref>
+
==== Regional  ====
*[[Petitions| '''Letters Testamentary''']]: A document issued by a probate court empowering the executor of the Estate to discharge the appointed responsibilities. <ref> [http://www.answers.com/topic/letters-testamentary Answers.com]</ref>
+
 
*'''Settlements''': The finalized accounting of how the estate was divided among the heirs, with the heirs acknowledging they have received their fair portion and will make no other claims with the estate. <ref> [http://www.byub.org/ancestors/records/glossary/index.html#settlement Ancestors Glossary] </ref>
+
==== National  ====
*[[Wills|'''Wills''']]: A legal document directing how the deceased wants his or her assets bestowed on others. <ref>[http://www.answers.com/topic/will-6 Answers.com] </ref>
+
 
 +
Probate records are listed in the Locality Search of the [[Introduction to the FamilySearch Catalog|FamilySearch Catalog]] under OHIO, [COUNTY] - PROBATE RECORDS.  
  
 
Most Ohio probate records are well indexed and are on microfilm or in published format at the Family History Library. The files date from the creation of each county to at least 1900 and sometimes to the 1970s.  
 
Most Ohio probate records are well indexed and are on microfilm or in published format at the Family History Library. The files date from the creation of each county to at least 1900 and sometimes to the 1970s.  
  
An excellent statewide index to the names found in the earliest files is:  
+
== Statewide Record Collections  ==
 +
 
 +
Bell, Carol Willsey. ''Ohio Wills and Estates to 1850: An Index''. Columbus, Ohio: C.W. Bell, 1981.&nbsp;{{FHL|345167|item}}; [http://www.worldcat.org/title/ohio-wills-and-estates-to-1850-an-index/oclc/7953251&referer=brief_results%7C WorldCat entry]. Also available on [http://www.worldvitalrecords.com/indexinfo.aspx?ix=gpc0941610004_ohiowillsandestatesto1850z%7C WorldVitalRecords.com]. Available only to members of WorldVitalRecords.
 +
 
 +
== Learn More  ==
 +
 
 +
==== Published Materials  ====
 +
 
 +
==== Websites  ====
 +
 
 +
Some counties in Ohio have probate records online. Using a search engine such as [http://www.google.com/ www.google.com] enter the name of the county you are interested in and the words “probate records” then press “enter”.
 +
 
 +
'''Online Databases'''
 +
 
 +
*{{RecordSearch|1837736|Ohio, Cuyahoga County Probate Files, 1813-1917}}
 +
*{{RecordSearch|1916172|Ohio, Montgomery County, Probate Estate Files, 1850-1900}}
 +
 
 +
'''Wiki articles describing these collections are found at:'''
 +
 
 +
*[[Ohio Cuyahoga County Probate Records (FamilySearch Historical Records)|Ohio Cuyahoga County Probate Records (FamilySearch Historical Records)]]
 +
*[[Ohio, Montgomery County Probate Estate Files (FamilySearch Historical Records)]]
 +
*[[Ohio Probate Records (FamilySearch Historical Records)|Ohio Probate Records (FamilySearch Historical Records)]]<br>
  
*''Ohio Wills and Estates to 1850: An Index'' <ref> Bell, Carol Willsey. ''Ohio Wills and Estates to 1850: An Index''. Columbus, Ohio: C.W. Bell, 1981. (Family History Library book&nbsp;[http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=titledetails&titleno=345167&disp=Ohio+wills+and+estates+to+1850%20%20&columns=*,0,0 977.1 P22b,]&nbsp; film [http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=titlefilmnotes&columns=*%2C0%2C0&titleno=345167&disp=Ohio+wills+and+estates+to+1850++ 1035679], Item 5 or fiche [http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=titlefilmnotes&columns=*%2C0%2C0&titleno=345167&disp=Ohio+wills+and+estates+to+1850++ 6051289]) </ref>
+
== References  ==
  
Probate records are listed in the Locality Search of the [[Introduction to the Family History Library Catalog |Family History Library Catalog]]  under OHIO, [COUNTY] - PROBATE RECORDS.
+
<references />
== Web Sites  ==
+
Some counties in Ohio have probate records online. Using a search engine such as [http://www.google.com/ www.google.com] enter the name of the county you are interested in and the words “probate records” then press “enter”.
+
  
== References ==
+
{{Ohio|Ohio}}
<references/>
+
  
[[Category:Ohio|Probate]]
+
[[Category:Ohio|Probate]] [[Category:United_States_Probate_Records|Ohio]]

Latest revision as of 23:25, 18 July 2014

United States  Gotoarrow.png  Probate Records Gotoarrow.png  Ohio Probate

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.

 

NOTE:  Each county generally transcribed, from the original documents, the most important items from the Probate Estate or Civil Case Packet, e.g. interim and final reports, summary of inventory, appointment of administrators, wills.  These transcriptions do not generally include original signatures, nor do they generally reproduce every document related to the case packet.  Signatures can be very important, particularly if someone is researching multiple individuals who bear the same name.

In some counties the original case packets also still exist, frequently held by another repository, e.g. local historical society rather than at the county courthouse.  It is recommended that researchers seek out both the transcribed documents and also the original case packets to glean the most information possible.  The original case packets, where they exist, contain the original wills, inventories, letters of administration, receipts, and other documents needed to settle that particular probate estate or probate civil case.  These originals have the actual signatures intact.  In some instances only the transcribed documents still exist.  In others, only the original packets.   What is available differs from county to county.   

History

Probate records were kept in all counties from the time of each county's creation. Until the establishment of separate probate courts in 1852, these records were kept in the courts of common pleas. You can obtain copies of these records by writing to the clerk of the appropriate county. For more information see the Ohio County Probate Records page.


State Statutes

Understanding the Ohio 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 Ohio 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, "Ohio statutes."

Repositories

Local

Regional

National

Probate records are listed in the Locality Search of the FamilySearch Catalog under OHIO, [COUNTY] - PROBATE RECORDS.

Most Ohio probate records are well indexed and are on microfilm or in published format at the Family History Library. The files date from the creation of each county to at least 1900 and sometimes to the 1970s.

Statewide Record Collections

Bell, Carol Willsey. Ohio Wills and Estates to 1850: An Index. Columbus, Ohio: C.W. Bell, 1981. FHL Collection; WorldCat entry. Also available on WorldVitalRecords.com. Available only to members of WorldVitalRecords.

Learn More

Published Materials

Websites

Some counties in Ohio have probate records online. Using a search engine such as www.google.com enter the name of the county you are interested in and the words “probate records” then press “enter”.

Online Databases

Wiki articles describing these collections are found at:

References

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

 

Need wiki, indexing, or website help? Contact our product teams.


Did you find this article helpful?

You're invited to explain your rating on the discussion page (you must be signed in).

  • This page was last modified on 18 July 2014, at 23:25.
  • This page has been accessed 17,532 times.