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Norway Probate Records: Difference between revisions
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=== Probate Records in Norway === | === Probate Records in Norway === | ||
<span style="line-height: 1.5em;">Probate records are court records that describe the distribution of a person’s estate. 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. 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. Probate records were not created for every person that died.</span> | |||
<span style="line-height: 1.5em;" /><br>In Norway probate records are one of the most accurate sources for genealogical evidence. Because it is a legal document and the information is usually correct. | <span style="line-height: 1.5em;" /><br>In Norway probate records are one of the most accurate sources for genealogical evidence. Because it is a legal document and the information is usually correct. | ||
Relationships noted in the probate record may not always have the same meaning as it would today. For instance a brother-in-law may be recorded as a brother, because legally it made no difference. | |||
The probate record is a rich source of information about individuals and their place in society, especially after the 1650’, 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 lau'' (law), that later became known as a ''ting'' (court), where one could come in order to settle disagreements, bring forth complaints or to hear the law. | |||
<br> | '''History of the Norwegian Probate Records''' <br>Early on 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. They were, along with the bailiff, responsible for all court cases, including probates. Late in the 16th century the ''sorenskriver or byskriver'' (scribe- sorenskriver in the country communities – byskriver in the cities) were assigned to prepare the documents in connection with a probate, since most of the men in the community (many of them farmers) were not able to write, at least not extensively. Often an ordinary probate would be twenty pages or more. Later the sorenskriver (scribe) 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. | ||
Most probate records start around 1687, when a law was written in order to have a more systematic, legal procedure and to better protect the rights of minor heirs. Some probate records start as a separate record earlier, but most of the probates of earlier dates were part of the general court records. Many probates were conducted privately, the heirs themselves dividing the property and paying the debts. The only probate that took place in court was when the heirs could not agree on the division, and it became a matter for the court to resolve the differences. | |||
'''The probate law'''<br>The law of 1687 known as Christian the V’s Norwegian Law, stated that the surviving spouse should inherit 50% of the estate, and the children should divide the other 50% between them, the male child’s lot being twice that of the female child. Much later in the late 1800’s the law was changed so that a daughter would inherit the same amount as a son. | |||
The probate records prior to 1687 are usually fairly brief when compared to the ones after that year. | The probate records prior to 1687 are usually fairly brief when compared to the ones after that year. | ||
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Remember that if you have a transcript of the family information in a probate (such as the card indexes), this is usually taken from the very first part of the probate, where the heirs are listed. If someone is missing in that part, that you have reason to believe should be listed as part of the heirs, it will not be missed in the part where the property is divided. Search then the original probate and you should find them there. No one who has the right to inherit is left off. Still today you cannot disinherit your children in Norway. | Remember that if you have a transcript of the family information in a probate (such as the card indexes), this is usually taken from the very first part of the probate, where the heirs are listed. If someone is missing in that part, that you have reason to believe should be listed as part of the heirs, it will not be missed in the part where the property is divided. Search then the original probate and you should find them there. No one who has the right to inherit is left off. Still today you cannot disinherit your children in Norway. | ||
As with other genealogical source, the probate records should be used in conjunction with all other sources available for the particular area and family you are researching. It is however a legal document, and seldom contains any serious errors, and should weigh heavy if you have conflicting information. | As with other genealogical source, the probate records should be used in conjunction with all other sources available for the particular area and family you are researching. It is however a legal document, and seldom contains any serious errors, and should weigh heavy if you have conflicting information.<br> | ||
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=== The Availability of Probate Records === | === The Availability of Probate Records === | ||