Norway Probate Records: Difference between revisions

<br>Probate records are court records that describe the distribution of people's estates after death. These records are very helpful for genealogical research because in many areas the authorities began recording probate actions before the earliest birth and death records.&nbsp; It is also the record that can give us a more personal glimpse into the life of an ancestor because of the detailed description of personal property.&nbsp;&nbsp; Probate records were not created for every person that died.&nbsp; Information in the records&nbsp;usually include the&nbsp;person's name, death date, his or her spouse, heirs, guardians for under age children, relationships, residences, estate inventory, and witnesses.  

From the 14th century, the foged (bailiff) was responsible for law enforcement in his jurisdiction. Late in the 16th century, the sorenskriver (scribe) in the bailiff's office was appointed to take care of probate cases and prepare the legal documents in connection with probates. Later the title sorenskriver came to mean probate judge.  

The probate record is a rich source of information about individuals and their place in society, especially after the 1650's, when this source is fairly abundant, and few other sources are available.  

Even before the unification of Norway (872 AD) some districts had joined together in a ''laug ''or ''lag ''(law) that later became known as a ''ting ''(court), where one could come in order to settle disagreements, bring forth complaints, or&nbsp;hear the law.  

In the later part of the 16th century the scribe (sorenskriver) in the office of the fogd was appointed to take care of the legal division of an inheritance, or the settlement of an estate, and he prepared the probate documents as a probate clerk.  

The Norwegian law provided for the guardianship of children under 25. At the mother's death the father was appointed. At the father's death one of the brothers of the children was appointed if he was over the age of 25 (a person was considered a minor until that age). Next in line was the grandfather on the father's side, then the grandfather on the mother's side. After the grandfather, the next in line were the uncles on the father's side and then the uncles on the mother's side. If none of these persons were alive, then the nearest relatives on the father's side were appointed. If this was impossible, then the nearest relatives on the mother's side were appointed. If no relatives could be found, the government appointed some reliable persons as guardians for the children.  

Early on 12 twelve well respected men from the community, the ''sogn ''(parish) or ''herred ''(civil district - usually the same area as the parish), were appointed as members of the court, and they were, along with the bailiff, responsible for all cases, including probates.&nbsp; Late in the 16th century the ''sorenskriver'' or ''byskriver ''(scribe - sorenskriver in the counrtry communities - byskriver in the cities) were assigned to prepare the documents in connection with the probates, since most of the men in the community (many of them farmes) were not able to write, at least not extensively.&nbsp; Often an ordinary probate would be 20 pages or more.&nbsp; Later the sorenskriver took on more responsibility in the probate proceedings, and had a vote in the outcome, until the title of Sorenskriver took on the meaning of Judge, and he made the final decisions.  

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