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Wills

United States  Gotoarrow.png  Probate Records

History

Probate records are court records created after an individual's death that relate to a court's decisions regarding the distribution of his estate to his heirs or creditors and the care of his dependents. You may find the individual's death date, the names of family members, family relationships, and residences. You may also learn about the adoption or guardianship of minor children and dependents. These documents are essential for research because they usually pre-date the birth and death records kept by civil authorities.

Not everyone left an estate that was probated by a court. Estates were probated for approximately 25 percent of the heads of households in the United States before 1900, whether or not the individual left a will.

While probate records are one of the most accurate sources of genealogical evidence, they must be used with some caution. For example, they may omit the names of deceased family members or those who have previously received an inheritance, or the spouse mentioned in a will may not be the parent of the children mentioned.

Availability

In colonial times wills were sometimes proved in courts in the old country. Some are indexed in books like:

  • Coldham, Peter Wilson. American Wills and Administrations in the Prerogative Court of Canterbury, 1610-1857. Baltimore, Maryland: Genealogical Publishing Company, 1989. (Family History Library book [1].) Lists over 4,800 wills with name, residence, relatives, and date.
  • Coldham, Peter Wilson. American Wills Proved in London, 1611-1775. Baltimore, Maryland: Genealogical Publishing Company, 1992. (Family History Library book [2].) Abstracts over 6,800 wills showing name, residence, occupation, date, and relatives.
  • Dobson, David. Scottish-American Wills, 1650-1900. Baltimore, Maryland: Genealogical Publishing Company, 1991. (Family History Library book [3]) Over 2,000 citations including name, occupation, residence, and date.

Each state developed its own court system and procedures for handling probates. In most states, probate records are presently recorded by a county clerk, except in Connecticut and Vermont, where they are kept by probate districts, and Rhode Island, where they are kept by the town clerk. Some colonial records were kept by the town or the colony. The keeping of wills and estate papers usually began when the county was organized. Research outlines available for each state explain which courts were responsible for probate in that state.

Search all probate courts in all localities where the individual resided or had property. Inventories of the records at a county courthouse may help you locate the records. See the state research outlines for more information on the probate process and records of each state.

You can contact the courthouse to request a search of the indexes for the time period and surnames you need. Then request photocopies of the complete probate packet.

Many early probate records have been transcribed, indexed, and published. The Family History Library has statewide indexes or transcripts of large collections of wills that have been published for Alabama, Arkansas, Connecticut, Delaware, District of Columbia, Georgia, Indiana, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Mississippi, New Hampshire, New Jersey, New York, North Carolina, Ohio, Rhode Island, South Carolina, Tennessee, Virginia, and West Virginia. These are listed in the Place Search of the Family History Library Catalog under:

[STATE] - PROBATE RECORDS

Testate Records vs. Intestate Records

Whether a person has a will or not affects the type of records that will be created in the probate process:
Testate--The deceased individual had a will.
Intestate--No will was created by the deceased.

Testate Estate Records Intestate Estate Records

Will
Estate File/Probate Case File
Letters Testamentary
Dower Rights
Guardianship
Settlements
Distributions

Administration
Letters of Administration

Probate by State

Web Sites

  • Sampubco A gateway to Indexes of Will, Guardianships, Probate Records, and Letters Testamentary 

 

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