Why search probate records? What is a probate record? What kind of information might you find in a probate record? Where can you find probate records?

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1 Why search prbate recrds? Increased availability nline Value f evidence Original surces Primary infrmatin Direct and indirect evidence What is a prbate recrd? A prbate recrd is created by the lcal curt upn an individual s death. The recrds deal with the distributin f the estate and care f dependents. Prbate tk place regardless f a will (testate) r n will (intestate). Varius types f recrd are created such as: bnds, petitins, accunts, inventries, and administratins. What kind f infrmatin might yu find in a prbate recrd? An individual s exact death date Names f family members Family relatinships Names f spuses f children Burial infrmatin Residences Adptin r guardianship f minr children r dependents Wrth f the prperty and land hldings Evidence f ccupatin, religin, r military service Where can yu find prbate recrds? The FamilySearch Research Wiki is an excellent place t start learning abut prbate recrds fr yur lcality and hw t find them Begin with a search fr the state r cuntry and prbate recrds. Diana Elder 1

2 Each lcatin had different prbate laws and the names f the curts dealing with prbate varied. Fllw the links t find nline surces fr viewing the prbate In the United States, prbate recrds are kept n the cunty level. Search the recrds f the cunty where the ancestr died first, then expand t the neighbring cunties. View the FamilySearch Wiki page fr the cunty t learn where the prbate recrds are kept and where they can be accessed nline. Yu can visit the cunty curthuse nsite r view digitized recrds nline. Sme cunties may have mved their recrds t the state archives. Always call ahead befre planning a research trip t a repsitry. FamilySearch has digitized the micrfilm f prbate recrds fr cunties thrughut the United States. Mst f these are nt indexed, s must be searched individually. The will bks are generally indexed at the beginning f the bk and estate files are usually arranged alphabetically. When viewing the index, take careful ntes f the page numbers. Sme estates are mentined n multiple pages and yu ll want t lcate each ne. Ancestry has indexed prbate recrds by state s if yu re nt sure abut a specific cunty, a search in the statewide database might pull up yur ancestr s case file. Prbate can shw up in unexpected lcatins s dn t discunt a recrd until yu have lked at it. Only the main individual is listed in the Ancestry index, nt the many family members wh are listed in a will, administratin paper, r final settlement. It is up t yu as the researcher t dig int the case file and discver the infrmatin that may be key t yur research. Many state archives have digitized their prbate cllectins. An nline search r the FamilySearch Wiki can lead yu t these valuable resurces. Researching prbate recrds Recrd each search in yur research lg, s yu ll knw where yu ve lked and what yu fund. Use a surce citatin t nte exactly what micrfilm yu viewed, the page numbers, the image numbers, etc. Als include a link t the image in yur research lg fr easy access later. When a prbate recrd is lcated, dwnlad the image t yur cmputer and file it in yur electrnic filing system. Rename the image t reflect the infrmatin, fr example: 1867 Prbate Thmas B. Rystn Chambers C. AL If yu dn t find yur ancestr initially in the index, the name may have been missed r misread. Yu can brwse the indexes at the beginning f the cunty will bks fr yur ancestr. Examine each set f recrds where yur ancestr might be listed. Each cunty rganized their recrd bks differently and yu ll want t track dwn each entry that might apply. Transcribe all the prbate dcuments. Put the image number r surce citatin and date f the dcument in bld at the beginning f each new dcument s transcriptin. Put the transcriptins in rder by date easy t d if yu ve included that at the beginning f each transcriptin. Extract key infrmatin frm the dcuments: dates, places, individuals, relatinships, assciates. Be careful abut making assumptins frm a will. Nt all children may be named if they received a prir inheritance. Relatinship terms such as niece and nephew can be used lsely fr varius Diana Elder 2

3 extended family relatinships. The wife mentined culd be the latest wife, nt the mther f the children. Lk fr further research pssibilities. If land is mentined, lk fr land recrds befre and after the will date. Married names f daughters can lead t marriage recrds r census recrds. Residences f the heirs prvide new lcalities t research. Names f witnesses prvide key assciates that can be used t identify yur ancestr and even cnnect him t a previus lcatin. Intestate Estates - N Will If an individual dies withut a will, the prperty becmes an intestate estate. Accrding t the law, the estate will be divided amng the heirs. A spuse r ther family member may petitin the curt t administer the estate. Testate Estates Include a Will A will is ften drawn up when an individual is in ill health r aged and preparing fr death. Wills vary in length and breadth. They may be lng and invlved, stating many heirs and much prperty; r they may be shrt and simple. Althugh a will specifically is a dcument that declares an individual s wishes cncerning the dispsitin f his r her prperty upn decease, different circumstances can be in play. The three categries f wills are: Hlgraphic Usually written and dated entirely in the handwriting f the testatr and signed by him. This type f will generally desn t require witnesses, but the laws differ frm ne state t anther. Nuncupative An ral will, witnessed by tw r mre persns. It is usually nly valid if given in a mment f danger r imminent death, ften limited t sldiers n the battlefield r sailrs at sea. T be valid it must be recrded within a certain time, generally six t twelve days. Frmally witnessed In rder t be valid, the will has t meet the frmal requirements f the state statute. In effect, that law defined the requirements fr a valid will, and hlgraphic and nuncupative wills are specific exceptins t the general requirements fr validity. Generally, a frmally witnessed will had these requirements. In writing, signed by the testatr (r if he cannt sign his name, by anther in his presence and at his directin) Verbally acknwledged by the testatr as his will in the presence f at least tw witnesses Signed by the tw witnesses in each ther s presence and that f the testatr Cmpnents f a will Preamble. The testatr (the persn whse will it is) identifies himself r herself (a wman is knwn as a testatrix) by name, usually giving a place f residence, and fr testatrixes, ften stating wife f, widw f, r daughter f, depending n her marital status. The preamble will als have language cncerning the mental status f the testatr fr example, being f sund mind and judgment designed t shw legal capacity t write a valid will. In the name f Gd Amen I Thmas B. Rystn f the Cunty f Chamber state f Alabama cnsidering the uncertainty f this mrtal life & being f sund & dispsing mind & memry blessed by Almighty Gd fr the Same d make this my last will & Testament in manner & frm fllwing Diana Elder 3

4 Dispsitin f bdy and sul. This clause gives directins cncerning funeral, burial, and/r crematin. Wills befre and during the nineteenth century ften give statements f religius belief and cmments as t the dispsitin f the sul. (n clause was included in Thmas B. Rystn s will) Payment f debts. Mst wills generally direct that all just debts be paid befre any distributins are made, as required by law. t wit That is t say after all my just debts are paid Specific gifts: bequests and devises. These are gifts f specific prperty r amunts f cash given t specific individuals. This part f a will ften prvides us with names f specific relatives and friends. I give & bequeath unt my belved wife Cynthia Rystn all my Real Estate knwn as the hme place lying next f the Chickasekncksee Creek & that part als f my hme place lying East f the Chickasekncksee Creek adjining the Lee s & Heath & als all my persnal Estate which I may be pssessed f at the time f my decease unt my wife Cynthia Rystn during her life time r widwhd t manage & cntrl as she may think best & prper I als give & Bequeath unt my sns Jseph Rystn & Rbert C Rystn that part f my Dzier place lying East f the Chickasekncksee Creek & that part f my Parker place lying Suth f the Vernn Rad t g int pssessin f the said lands at any time after the present year 1867 I als give & Bequeath unt my Daughter Sarah Parker all that part f my Parker place lying Nrth f the Vernn Rad t her sle & separate use her lifetime & t her children after her death t g int pssessin f said lands after my decease I als give & bequeath unt my grand sn Franklin Rystn my place lying n High Pine Creek cntaining One hundred acres t be under the cntrl & directin f my wife Cynthia Rystn until he is Twenty ne years f age r such age as she may think prper t give it up t him the prceeds frm bank r therwise t g t his use during minrity Residuary distributin. This clause specifies t whm the residue (what is left f the estate after paying csts f prbate curt administratin, debts, and specific gifts) is distributed. In mst cases, this residue will be given t the spuse (if still living), then t the children, althugh the final beneficiaries might be ther relatives r friends. Often sns in law are listed in place f their wives, which can be a significant clue when lking fr the family f a wman. Often the residue (called a life estate) will be given t the spuse nly during her lifetime, and then given t ne r mre children. In that case, lk fr prbate curt actin r transfers f real prperty when the surviving spuse dies. I als will & rder that after the death f my wife Cynthia Rystn all my Estate bth real & persnal be equally divided between my several children share & Share alike after my children which are nw unmarried & minrs be made equal with my children which are married I have bestwed benefits n my children which are married which I have nt dne n my ther children I als will & rder that the prtin ging t my daughters g t their sle & separate use their life time & t their children each if any at their death Diana Elder 4

5 Naming executr(s). The executr (executrix if female) is the persn appinted and authrized by the curt t handle the affairs f the decedent. The persn named is usually a sn, brther, r trusted friend. A wife r her brther might be named t serve if she r her family has assets and interests t prtect. Often in this clause, the legal requirement f the executr psting a bnd during curt administratin is waived. I als appint my wife Cynthia Rystn sle Executrix f this my last Will & Testament... I als will & direct that the prbate Curt befre whm this may be prbated grant my wife Cynthia Rystn the privilege f administering as my Executrix this my last will & Testament withut making Bnd and Securing fr the perfrmance f the same Guardian fr minrs. Mst states d nt allw distributin f prperty t minr children. Since a guardian must be appinted, the testatr wuld name the persn he wanted t serve in that capacity. Often the language des nt specifically say guardian but prvides that all decisins are t be made by an lder child r brther fr a specific child wh is a minr. I als leave in charge unt my wife Cynthia Rystn the schling educating & raising my minr children during minrity Revcatin f previus wills and cdicils. It is standard language t revke all prir wills and cdicils. This des nt necessarily mean there are any, but the prcedure is precautinary in nature. Often this cncept is incrprated int the preamble. heref revking all frmer wills by me made Executin Clause. This cntains the signature f the testatr and thse f the witnesses, usually with language t state the circumstances surrunding the signing f the will t establish its validity. In witness wheref I the Said Thmas B. Rystn have this day set my hand & seal this 18th day f Sept 1867 Signed Sealed & acknwledged t be my last will & Testament in the presence f the subscribing witnesses wh subscribed their names in the presence f the Testatr Ths. B. Rystn (Seal) Braytn Jhnsn, Jhn W Magbee, A.J. Dzier Diana Elder 5

6 Surce List Elder, Diana. Back t the Basics with Prbate Recrds. Parts 1, 2, &3. FamilyLcket. Elder, Diana. Prbate 101 r The Real Life Drama f the Thmas B. Rystn Estate. Family Lcket. FamilySearch Wiki. Glssary f United States Prbate Terms. FamilySearch. Greenwd, Val D. The Researcher s Guide t American Genealgy. 4 th Ed. Baltimre,Maryland: Genealgical Publishing Cmpany Szucs, Lretta Dennis and Sandra Hargreaves Luebking. The Surce, a Guidebk f American Genealgy. Revised Editin. Salt Lake City, Utah: Ancestry, Diana Elder 6