Researching your ancestor s property using wills and deceased estate records Christine Yeats ciyeats@gmail.com Why use these records? Wills and probate records tell you what your ancestors wanted to leave behind. Deceased Estate records tell you what your ancestor s estate was worth. 1
Some useful definitions Executor - Person named in the will to administer the estate. Estate - Real and/or personal property of the deceased. Probate - The official sanction of the Supreme Court of NSW to authorise an executor to administer an estate as the personal representative of the deceased. Intestate - There is no valid will and no named executor. Letters of administration - The Supreme Court has issued letters of administration authorising a person to act as executor. Codicils - Additions or revocations to the will. Using State Records finding aids Archives in Brief use for background information Archives Investigator use for locating Probate packets State Records Search use for locating Probate packets Online indexes use for Early Probate, Intestate Estate and Deceased Estate records www.records.nsw.gov.au 2
Archives in Brief (AIB) Archives in Brief (AIB) - These are fact sheets and they are a good starting point to find out more about State Records holdings. They can be consulted online or you can get a copy in the reading room at Kingswood. Tip: When you use the online version there are links to the relevant online indexes. These Archives in Brief will be most helpful: Archives In Brief 84 - Probate packets Archives In Brief 29 - Deceased estate files, 1880-1958 Archives In Brief 53 - Curator of Intestate Estate Case papers Archives In Brief 119 - How to find Probate and Deceased Estates Archives Investigator Use for locating Probate packets 3
State Records Search Use for locating Probate packets State Records online indexes Tips: P for Probates, D for Deceased Estate and I for Intestate Estate indexes. 4
Where do I start? Death certificates are the best starting point when researching your late ancestors estate. They give date and place of death and sometimes family particulars. Probate and Deceased Estate records Probate records Early probate records, 1790-1875 Index to probates, 1800-1985 Probate packets, 1817+ Will Books, 1800-1984 Deceased Estate Files, 1880-1958 Intestate estate Files, Related records Colonial Secretary s Papers/Correspondence Court records (For example Equity Jurisdiction of the Supreme Court of NSW hold records relating to an estate) Newspapers (TROVE) Legal notices Newspaper accounts of legal actions Tip: Not all NSW newspapers are on TROVE 5
Early Probate records Supplementary probate records that are not part of the main probate series. NRS 13502, Supreme Court, Ecclesiastical Jurisdiction: Case papers relating to the granting of probates and letters of administration, 1816-1875 NRS 2665, Supreme Court of New South Wales, Court of Civil Jurisdiction: Probate papers [Court of Civil Jurisdiction] 20 July 1790-14 July 1814 NRS 13725, Supreme Court of Civil Jurisdiction, Ecclesiastical Jurisdiction: Register of wills proved and letters of administration granted, 1817-1824 State Records has an online index to these records. It notes the name, date, item number and page number. NRS=NSW Record Series. This is used by State Records NSW to describe records. Searching early Probate records Go to Probates on the Indexes page on State Records website: www.records.nsw.gov.au. 6
Index to probates, 1800-1985 The Supreme Court NSW Probate Division has published an index to probates granted in NSW between 1800 and 1985. The index shows Probate packet number, series number, name of deceased, residence, date of death and instrument. The index is available on microfiche in the reading room, at the SAG and in many public libraries. A guide to the microfiche is available in the reading room. It includes an explanation of the abbreviations used in the index. Probate packets (NRS 13360) The Supreme Court of NSW has a statutory obligation to preserve all original wills and any documents required for a grant of probate. Probate packets are evidence of the Crown s responsibility and right (as exercised by the Supreme Court) to ensure the orderly and legitimate transfer of property and assets (wealth) either by will or by other legally based determinations. The Supreme Court has divided this series of probate records into five groupings, which they have called series (this is different from State Records NRS series). Series 1- April 1817-May 1873, Series 2-1873-1876, Series 3-1876-c.1890, Series 4- c.1890-1985, and Series 5-1985 onwards. 7
What s in a Probate packet These are some of the documents that can be found in a Probate packet: Last will and any codicils Accompanying documents that prove the validity of the will including: Inventory of the assets of the will Affidavits of death For more information about the contents of Probate packets consult the AIB or look in Archives Investigator or Search. How to research Probate packets? (1) Use Archives Investigator or State Records Search, typing in the person s name and adding the word death. Step 1 Using Simple Search in Archives Investigator 8
Step 2 Using Simple Search in Archives Investigator Scroll down to find the entry you want and click on it to go to the next screen. Step 3 Using Simple Search in Archives Investigator 9
How to research Probate packets? (2) Use Archives Investigator or State Records Search to locate the series (1 to 4) and Probate packet number. Example 2 using State Records Search How to research Probate packets? (3) If you are researching Probate packets for the period 1890 to 1928 please be aware that these are not listed on Archives Investigator or Search yet. Note: The Probate packets are available at State Records. To locate these Probate packets: Check the Probate index (The index is available in the reading room, SAG, State Library of NSW and many public libraries.) The Probate index shows Probate packet number, series number, name of deceased, residence, date of death and instrument (ie. Probate or Letters of Administration). Write down probate number, series number and name of deceased Check the Probate Packet item lists in the reading room. Request the file in the reading room. 10
Where s the Probate packet I need? State Records NSW holds: Probate packets, NRS 13660, for the period 1817 to 1976 (to packet no. Series 4-828673) and part of 1989 (100001/1989-103050/1989) Tip: Check with State Records Reading Room staff or on the website for updates of recent transfers The Supreme Court NSW holds Probate packets created after 1976 (excluding the part of 1989 already transferred to State Records). To access these Probate packets contact: Supreme Court of NSW Probate Division PO Box 3 Sydney NSW 2001 Telephone: 1300 679 272 Email: SupremeCourt.Probate@courts.nsw.gov.au Website: www.supremecourt.lawlink.nsw.gov.au Probate packets practicalities (1) You can pre-order up to four records before visiting State Records reading room using Archives Investigator. You need probate number and series number (and name of deceased). There is a special pre-order form for probate packets (https://www.records.nsw.gov.au/state-archives/use-thearchives/pre-order-records/pre-order-probate/). Retrieval times Probate packets are retrieved at set times during the day. These are listed on the website. Copying service Archives Investigator also allows you to place an online copy order. Although not all Probate Packets are listed in Archives Investigator you can still order these 'offline'. Download the print-friendly order form and post/fax it back to us along with your payment. 11
Probate packets practicalities (2) Once you have selected the probate packet you require after using Archives Investigator or Search you can preorder the packet or purchase a copy. Will books, 1800-1984 (NRS 13361) These are volumes containing copies of original wills. They were handwritten between about 1800 and 1924. Between 1924 and 1952 the copies were typed. In 1952 the copies altered to photocopies. For about twenty years at the beginning of the twentieth century, the handwritten copies were compiled by members of the Australian cricket team. The volumes are divided into four series as per the series of Probate packets - and arranged numerically within each series. Microfilm copies of the Will Books (with some gaps) are on open access in the reading room. FindMyPast Australia has acquired the rights to digitise and publish the Will Books held by State Records. 12
How to search Will books Locate the entry for the Probate packet in Archives Investigator or Search or use the Probate Index published by the Supreme Court. Note the series number, date and Probate packet number, checking the name and the date of death to confirm it is the correct person. Use the Probate index for the period 1890 to 1928 (these are not listed on Archives Investigator or Search). The Probate index shows Probate packet number, series number, name of deceased, residence, date of death and instrument. Check the item lists for the Will books in State Records reading room to find the correct reel number. Locate the microfilm on open access in the reading room. Tip: These are transcriptions so you might still want to read the will in the Probate packet to confirm the details. Curator of Intestate Estates The Curator of intestate estates could assume responsibility for administering an estate if: the deceased was intestate and had no direct heirs the executors named renounced probate there was no application for probate within three months of death an estate was likely to waste and executors or next of kin could not be found, was outside the jurisdiction or applied to the Curator to manage the estate delay in administering would cause expense or where the testator had appointed the Curator to act. The Public Trustee Act, 1913 abolished the office of Curator of Intestate Estates and established the office of the Public Trustee, effective from 1 January 1914. 13
Intestate Estates: select list of records NRS 13539, Index to intestate estate files 1818-1914, Reels 40-41. NRS 13538, Case papers 1821-1913 [6/3481-910, 10/27478-28006] The papers may show the amounts of money owed by the deceased and paid from the estate to individual creditors. Within the papers there are petitions from the Curator of Intestate Estate to the Supreme Court that relate to the administration of the deceased's estate as well as orders to collect and affidavits of death. In certain cases there could also be circulars from shareholders, newspaper cuttings and personal correspondence. Researching the Case papers The online index (being compiled by State Records Volunteers) to the Curator of Intestate Estate Case papers covers currently covers 1821-1908. You need to note the name, date case number and item number. You can quote these numbers when ordering the Case papers in the reading room or if you place a pre-order. Alternatively you can check Reels 40-41. These reels are available in the reading room and at SAG. When you locate an entry you need to note the year and case number. You then need to check the item list, available in State Records reading room, to obtain the item identifier. 14
Death duties in NSW The NSW government adopted the British practice of imposing death duties as a form of direct taxation intermittently from 1865 until 1874. The Stamp Duties Act of 1880 was the beginning of the consistent imposition of death duties until their abolition in 1981. Under the Stamp Duties Act of 1880 and its replacement, the Stamp Duties Act of 1920, no probates (wills) or letters of administration could be granted until the duty was paid, or security was given for the same. The Act also extended to the estates of people who died intestate, including those handled by the Supreme Court Curator of Intestate Estates. Duty was charged on those living outside NSW if the person owned sufficient property or possessions in the state. Deceased Estate Files, 1880-1958 The Stamp Duties Office created a deceased estate file for every individual who died leaving property or other assets ('estates'), which were subject to death duties. The files contain the papers, correspondence and other documentation relating to the assessment of death duty by the Stamp Duties Office. The indexes to the files are on microfilm and are available in the reading room. Full lists of the files are also available in the reading room. State Records is indexing the Deceased Estates files, 1880-1923. This is an ongoing project and index is being progressively updated. Ancestry (Australia) has published the Index to Deceased Estate Files, 1923-58 on its website. 15
What s in a Deceased Estate file The contents of Deceased estates varies. They can include: summary cover sheet calculations for statements of assessable duty, schedules and adjustment sheets correspondence certificates of Valuation of Property Statutory Declarations from the executor of the will and from people involved with purchases of land or assets for the deceased a copy of the will schedules of furniture and possessions transcripts from relevant courts, for example, the Supreme Court in Equity references to Acts that provide precedents for actions, and balance sheets of businesses Locating a Deceased estate file Check the index to Deceased estate files, 1880-1923, which combines the pre-1923 indexes into one searchable database, on State Records website. http://srwww.records.nsw.gov.au/indexes/searchform.aspx?id=15 Tip 1: Note all the details from the index to assist in locating the file. Tip 2: Use this information when requesting a file. The archivists in the State Records reading room will help you. Tip 3: Some of the file numbers are noted on the index. For files after 1923 check the microfilm copies of the indexes in State Records reading room. There is also a set of these indexes at the State Library of NSW. Alternatively, you can check the Index to Deceased Estate Files, 1923-1958 on Ancestry (www.ancestry.com.au). 16
After locating the reference relating to the Deceased Estate file for the person you are researching go to the item list to locate the relevant item to request. Tip: There is a folder listing the item numbers in State Records reading room. Related records Colonial Secretary s Papers/Correspondence Check the online index to the Colonial Secretary s Papers, 1788-1825 on State Records website Check the index and copies of the Colonial Sectary s papers, 1788-1825 on the Ancestry website (www.ancestry.com.au) Check the post 1826 indexes and registers Court records (For example Equity Jurisdiction of the Supreme Court of NSW hold records relating to an estate) Newspapers (TROVE) Legal notices Newspaper accounts of legal actions Tip: Not all NSW newspapers are on TROVE 17
Some final statistics From a sample of 100 names 97% of names on the Probate Index have a Deceased Estate File 90% of names which have a Deceased Estate File are in the Probate Index 100% of names in the Curator of Intestate Estates index do not have deceased estates files Useful online links State Records NSW Archives in Brief http://www.records.nsw.gov.au/statearchives/guides-and-finding-aids/archives-in-brief Index to Deceased estate files, 1880-1923 http://srwww.records.nsw.gov.au/indexes/searchform.aspx?id=15 Index to Early Probate Records http://srwww.records.nsw.gov.au/indexes/searchform.aspx?id=52 Index to Intestate Estate Case Papers, 1821-1908 (as at 27/2/14) http://srwww.records.nsw.gov.au/indexes/searchform.aspx?id=53 Archives Investigator http://investigator.records.nsw.gov.au/ Search http://search.records.nsw.gov.au/search Ancestry (UK) All England & Wales, National Probate Calendar (Index of Wills and Administrations), 1858-1966 18