Probate Record Work Sheet

Transcription

1 Start with what you know: Probate Record Work Sheet My ancestor s name Name of siblings Names of parents, uncles, etc State and County where he lived About when did he die Notes: Next: Refer to Carter, Fran, Searching American Probate Records. Refer to Greenwood, Val D., The Researchers Guide to American Genealogy, 3 rd edition. Refer to [State] Research Outline, Probate Records (Hover over Research Helps tab, click Articles, click Sorted by Document Type, click Research Outline, scroll to desired state and click) Generally probate records are kept at the county level. Probate records may be found at the state level (possibly the state archives) 1. Search by the deceased [Usually heirs are not indexed.] 2. Search broadly [Some probates may start late and last many years. See neighboring counties as necessary.] 3. Seek and use books [official court books] and papers. 4. Search for the following types of records [Not all of them will exist for your ancestor; but don t miss the ones that do.] Wills (Testate versus Intestate) Petition for Letters of Administration Inventory or Appraisal Estate Sale and other Estate Papers Administrators Accounts Guardianship Records Partitions or Divisions Loose Papers File: ORFHC Probate Record Work Sheet November 2009/Staff Page 1 of 3

2 Locate the Probate Records for Your Ancestor 1. Find the county in The Handybook. 2. Refer to Court Records, Probate and Wills, The Handybook 3. For what years are probate records available 4. Consult the Family History Library Catalog (many probate records have been microfilmed) a. Click on Place Search b. Type name of county in top box (exclude the word county) c. Type the full name of the state in bottom box (exact spelling is a must) d. Click on Probate Records e. Choose probate records for the years to include when your ancestor may have died f. You may see docket, journal, will record, complete record, bonds, letters, abstracts g. First try to choose a microfilm of a records created by the county clerk, recorder, etc. h. Click on the View Film Notes i. Look for an index j. Obtain the microfilm of the index and scroll to the desired surname k. Carefully examine the index looking for your ancestor s surname l. Record the book, volume or library number and the page number m. Using the volume number, find the microfilm number in the FHLC n. Using the microfilm number, check to see if it is in the Ogden Regional Family History Center. o. If it is not here, order it through the receptionist or microfilm attendant. p. Once you have the microfilm of the deed book scroll to the page number you found in the index You may need to look at microfilm of various types of probate records (see list under No. 4 above) Read every line of each type of probate record Keep a readable copy of the record (you may scan it and save it on a flash drive) Record a proper citation of your source List positive or negative searches in your research log File: ORFHC Probate Record Work Sheet November 2009/Staff Page 2 of 3

3 Important information you should record Who witnessed wills Who were the executors or administrators Who was appointed as guardian Who bought property from estate sales Who was assigned to take the inventory Who did the land go to Who were the heirs Who were the creditors What records should you search now If probate records for your ancestor county have not been microfilmed or phone the courthouse Refer to the Handybook for the name of the repository Ask the clerk of the court to search for the name of your ancestor in the index Obtain a price for the copies and order the record Solving the Puzzle Research the names of individuals named in estate sales (they may be relatives) Watch for names in the final settlement. Heirs may be required to sign for assets received. If the courthouse was burned look for newspaper announcements in neighboring counties. You may find evidence of the probate in surrounding counties. Study all of the documents. Coordinate information from various kinds records (i.e. land records with probate records) Indirect evidence may answer your questions. If you don t see a microfilm of the original record refer to compiled records including abstracts When you find an abstract use the information to help you locate the original File: ORFHC Probate Record Work Sheet November 2009/Staff Page 3 of 3

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16 PROBATE GLOSSARY Administrator C.T.A: Cum testament annexo, or with the will annexed. An administrator of the estate other than the named executor in a will. Serves when all named executors do not serve due to death, incapacity or renunciation of their right to serve. Appurtenanes: Rights and duties of those holding manorial land, i.e., submission to the manor court, grazing rights, payment of various fines to the lord of the manor. Beneficiary: A person or organization entitled to receive a portion of the estate. Bequeath: To leave personal property to someone through the will. Bond: A written document in which the obligor formally recognizes an obligation to pay money in the event the obligor does not properly perform his/her duties. Certificate of Qualification: Also known as Letters Testamentary. It is the paper that the personal representative receives from the clerk at the time of qualification which states that a person has qualified as executor or administrator and has authority to act on behalf of the estate. Certified Copy: A copy of a document or record, signed and certified as a true copy by the officer to whose custody the original is entrusted. Codicil: A document created to clarify information or to add or subtract information in a will. Commissioner of Accounts: Person appointed by the Court to monitor the reports and activities of personal representatives. Creditor: Person or organization owed money by the decedent. Custodian of the Will: The person who has the will when the person who wrote the will dies. Decedent: A deceased person. Devise: To leave real property (land and/or buildings) to someone through the will. Estate: The decedent s property (both real estate and personal) and all other assets owned or controlled by the decedent at the time of his/her death. File: Lesson 9 1 ORFHC Aug 2009

17 Executor (male) or Exectrux (female): The person named in decedent s will to administer the estate. To accept the appointment the executor must qualify before the court clerk. Fiduciary: A person in a position of trust with respect to another s property; a general term used to refer to an executor, administrator or trustee. Freemen: a) men free of trade taxes and who shared profits of the borough in which he lived and traded; b) a tenant who was free of feudal service and a man who had served his apprenticeship and could then work at being his trade in his own right; c) in the city of London nearly all freemen became so by virtue of being freemen of a City Guild. On attaining company freedom, a man would automatically apply for the freedom of the City. He was entitled to call himself citizen. (Adapted from Dist. Gen., Fitzhugh) Heir: Person who inherits when there is a will. Hereditament: Property which may be inherited. Holographic Will: A will written entirely by the testator with his own hand and not witnessed (attested to) by anyone. Husbandman: Someone who might own a small parcel of land, but who also likely had to work on the land of others to earn enough to take care of his needs. Interstate Estate: An estate to be administered without a will. Interstate Succession: The order of who inherits property when someone dies without a will. Inventory: Detailed list of Articles; a list or schedule of property, containing designation or description of such specific article. Journeyman: A qualified tradesman who worked for someone else. Legatees, or Devisees: People who are named in a will. Personal Property: Items such as cash, stocks, jewelry, clothing, furniture, or cars. Personal Representative: Person responsible for overseeing the distribution of the estate. File: Lesson 9 2 ORFHC Aug 2009

18 Probate: Procedure whereby a will is admitted to the record in the clerk s office. It includes the process of qualifying a person as an executor or administrator of an estate. Sometimes is referred to as the entire process of administering an estate. Real Property: Refers to buildings and land. Self Proved Will: A will that includes a notarized affidavit of the testator and attesting witnesses. Testator: Person who dies leaving a will. Testate Estate: An estate to be administered pursuant to a will. Trust: When one person (trustee) holds property at another person s (settlor s) request for the benefit of someone else (the beneficiary). Will: Written document that gives instructions on how a person wants his or her property distributed after death. File: Lesson 9 3 ORFHC Aug 2009

19 PROBATE RECORDS CHECKLIST 1. Microfilm No: Book No: Page No: 2. Name of Deceased: 3. Place of residence of Deceased: 4. List any and all persons mentioned, including relationship, whether or not any property is conferred. 5. Names of executors and relationship: 6. Date written: 7. Names of witnesses: 8. Date brought into Probate Court: 9. Any other items of interest: 10. Type of probate instrument recorded: File: Blank Forms ORFHC Revision May 2009

20 Family History Library 35 North West Temple Street Salt Lake City, UT USA United States, Wills, Administrations, and Inventories Guide Introduction 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 predate 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. What You Are Looking For The information you find varies from record to record. These records may include: Name of an ancestor. Date and place of death. Names of parents. Names of spouse and children. Lists of belongings, property, and so forth. Biographical information. Steps These 7 steps may help you find information in probate records. Step 1. Determine the county where your ancestor lived. Check the following to find the county where your ancestor lived: Family records (histories, pedigree charts, family group sheets, etc.). Published family histories. Censuses. For additional ways to find where your ancestor lived, see How to Locate Your Ancestor in the United States.

21 United States, Wills, Administrations, and Inventories Step 2. Search for a county index for probate records in the Family History Library Catalog. Since an index may be found with the record or separately, in the Family History Library Catalog, look for indexes under both: PROBATE RECORDS. PROBATE RECORDS - INDEXES. For descriptions of records available through Family History Centers or the Family History Library, click on Family History Library Catalog in the window to the left: State records will be shown automatically. To find county records, click on the County tab, and select the county of your ancestor. Printing the catalog entry is usually helpful. If you do not find an index, you may want to look for your ancestor's name in the record itself during the approximate dates after your ancestor died. Skip to step 4. If you do not find county probate records, see Tip 1. Step 3. Search the index for your ancestor's name, and copy the information. Find your ancestor's name in the index. Copy everything about your ancestor from the index. This information is necessary for you to find him or her in the record. If you cannot find your ancestor's name, check for variations of the spelling. For suggestions, see Name Variations. Step 4. Find the probate records. Find the catalog entries for the records. If the catalog entry you printed showed both the index and the records, you won't need to return to the catalog to find the film numbers for the appropriate records. Obtain the book or film with the records. For information on where to obtain copies of records, see Where to Find It. Step 5. Search the record for information about your ancestor. Using what you found in the index, find your ancestor in the record. For a list of Internet sites with probate records or more information about these records, see Tip 2. Research Guidance Version of Data: 03/05/01 2

22 United States, Wills, Administrations, and Inventories Step 6. Copy the information from the record. Make a photocopy of the page(s) with the information about your ancestor. By copying the entire page(s), you can study the record in depth and save it for future reference. You can analyze the handwriting and note other details you may have missed when you first looked at the record. You may find other relatives of your ancestor. Be sure to document the source of the information by writing the title, author, book or film number, and page number on the copy, or photocopy the title page at the front of the book or film. Also write the name of the library, archive, etc., where you found the probate records. Step 7. Analyze the information you found. Study the document. Compare the information to what you already knew about your ancestor. What does it tell you about your ancestor and about the people who were with him or her? Does the record give clues about your ancestor which could guide you to other records? Watch for dates, locations, relationships, etc. Tips Tip 1. What can I do if I cannot find county probate records for the area where my ancestor lived? If you cannot find probate records, check: State records in the Family History Library Catalog. For records recommended for your ancestor's state, see the chart below. For Rhode Island there are town probate records. In Connecticut and Vermont there are districts which handled probates. Other types of records, such as church, land, etc., listed on the Search Strategy. Another place where your ancestor lived. PERSI, which is an index of magazines. Information which is too short for a book may be found in a magazine article. For information about PERSI, see Tip 3. To see recommended probate records for your ancestor's state, click on the state name below, and scroll to the Probate Records section of the research outline: Ala. Alask Ariz. Ark. Calif. Colo. Conn. Del. D.C. Fla. Ga. Hawai Idaho a i Ill. Ind. Iowa Kans. Ky. La. Maine Md. Mass. Mich. Minn. Miss. Mo. Mont. Nebr. Nev. N.H. N.J. N.Me N.Y. N.C. N.Dak Ohio Okla. Oreg. Pa. x.. R.I. S.C. S.Dak. Tenn. Tex. Utah Vt. Va. Wash. W.Va. Wis. Wyo. Tip 2. What Internet sites may help me? Check the following general websites: CyndisList which has links to thousands of sites that contain genealogy information of all kinds USGenWeb RootsWeb Ancestry.com which has PERSI and has scanned many books and displays them at this site Research Guidance Version of Data: 03/05/01 3

23 United States, Wills, Administrations, and Inventories Tip 3. What is PERSI, and where can I find it? PERSI is an index of about 5,000 historical and genealogical magazines. These magazines have articles with: Family histories. Abstracts of church, town, and other records. Histories of towns. Many other records and topics. PERSI may be found at: Family History Centers on microfiche. The Family History Library on compact disc, microfiche, and book format. Many public and college libraries. Ancestry.com on the Internet. There is a fee. Tip 4. How can I use interlibrary loan? Many public and college libraries can borrow books from other libraries and archives. Only public and college libraries with microfilm readers can borrow microfilms. Go to your public or college library. Ask the librarian to check out a book or microfilm for you through interlibrary loan. You need to give the librarian the title of the book and the name of the author. For a microfilm, give the name and address of the archive that has the microfilm and their microfilm number. The librarian may be able to find this for you. The library staff will help you with their procedures. There may be a small fee. Where to Find It Family History Centers and the Family History Library For information about contacting or visiting a Family History Center or the Family History Library, see Family History Library and Family History Centers: Library Services and Resources. Family History Centers Family History Centers can borrow microfilms from the Family History Library. For the address and phone number of the center nearest you, see Family History Centers. Family History Library For descriptions of records available through the Family History Library, click on Family History Library Catalog in the window to the left: In the window to the left, click on Family History Library Catalog. State records will automatically appear. To find county records, click on the County tab, and choose a county. To find town or city records, click on the City tab, and choose a town or city. Research Guidance Version of Data: 03/05/01 4

24 United States, Wills, Administrations, and Inventories Archives and Libraries Records are available in many archives and libraries. Some major archives and libraries in the United States are: The Newberry Library (Chicago, IL). The Library of Congress. The New England Historic Genealogical Society Library (Boston, MA). The National Archives. The Allen County Public Library (Ft. Wayne, IN). Some college and larger public libraries have probate records, particularly for their own areas. Public libraries may be able to obtain the records through interlibrary loan. For information about interlibrary loan, see Tip 4. You can find addresses and phone numbers for town, county, and college libraries in the American Library Directory. The American Library Directory is available at most public and college libraries. Most state archives and university libraries have probate records, particularly for their own areas. The Archives and Libraries section of a state research outline lists Internet and mailing addresses for several state archives, libraries, and historical societies. These organizations may have histories. Their Internet sites may list their records. To see the Archives and Libraries section of the research outline for your state, click on the state below, and then scroll to the "Archives and Libraries" section: Ala. Alask Ariz. Ark. Calif. Colo. Conn. Del. D.C. Fla. Ga. Hawai Idaho a i Ill. Ind. Iowa Kans. Ky. La. Maine Md. Mass. Mich. Minn. Miss. Mo. Mont. Nebr. Nev. N.H. N.J. N.Me N.Y. N.C. N.Dak Ohio Okla. Oreg. Pa. x.. R.I. S.C. S.Dak. Tenn. Tex. Utah Vt. Va. Wash. W.Va. Wis. Wyo. Genealogical and Historical Societies Some records may be available at genealogical and historical societies. You may find the names and addresses of societies in the following sources, which are available at many public and college libraries: The Genealogist's Address Book, by Elizabeth Petty Bentley. Directory of Genealogical and Historical Society Libraries, Archives and Collections in the US and Canada, by Dina C. Carson. Directory of Genealogical Societies in the U.S.A. and Canada, by Mary Meyer. Directory of Historical Organizations in the United States and Canada, edited by Mary Bray Wheeler. The Encyclopedia of Associations, published by Gale Research Co. You can also check Internet sites such as this one for information about societies: CyndisList, which has links to thousands of sites that contain genealogy information of all kinds. Research Guidance Version of Data: 03/05/01 5

25 United States, Wills, Administrations, and Inventories Genealogical Search Services Many genealogical search services will search probate records for a fee. These sources can help you find a genealogical search service: CyndisList gives many companies and individuals who do research and lists publications that explain how to hire a professional genealogist. Advertisements in major genealogical journals may help you find a researcher. For more information, see Hiring a Professional Genealogist. Research Guidance Version of Data: 03/05/01 6