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United States Probate Records: Difference between revisions
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''[[United States|United States ]] [[Image:Gotoarrow.png]] [[ | ''[[United States|United States ]] [[Image:Gotoarrow.png]] [[United States Probate Records|Probate Records]]'' | ||
See the following tutorial at the FamilySearch Learning Center: ''[https://www.familysearch.org/learningcenter/results.html?fq=place%3A%22United+States%22&resultListItem=2 Ancestors Season 2: Probate Records]'' | |||
=== Record Overview === | === Record Overview === | ||
Probate records are court records created after an individual's death that relate to a court's decisions regarding the distribution of the estate to the heirs or creditors and the care of dependents. This process took place whether there was a will (testate) or not (intestate). Various types of records are created throughout the probate process. These may include wills, bonds, petitions, accounts, inventories, administrations, orders, decrees, and distributions. These documents are extremely valuable to genealogists and should not be neglected. In many instances, they are the only known source of relevant information such as the decedent’s date of death, names of his or her spouse, children, parents, siblings, in-laws, neighbors, associates, relatives, and their places of residence. You may also learn about the adoption or guardianship of minor children and dependents. Additional clues often found in probate records are an ancestor's previous residence, occupation, land ownership, household items, former spouse(s), religion, and military service.<br> | Probate records are court records created after an individual's death that relate to a court's decisions regarding the distribution of the estate to the heirs or creditors and the care of dependents. This process took place whether there was a will (testate) or not (intestate). Various types of records are created throughout the probate process. These may include wills, bonds, petitions, accounts, inventories, administrations, orders, decrees, and distributions. These documents are extremely valuable to genealogists and should not be neglected. In many instances, they are the only known source of relevant information such as the decedent’s date of death, names of his or her spouse, children, parents, siblings, in-laws, neighbors, associates, relatives, and their places of residence. You may also learn about the adoption or guardianship of minor children and dependents. Additional clues often found in probate records are an ancestor's previous residence, occupation, land ownership, household items, former spouse(s), religion, and military service.<br> | ||
Probate records are essential for research because they often pre-date the birth and death records kept by civil authorities. | Probate records are essential for research because they often pre-date the birth and death records kept by civil authorities. | ||
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. The percentage was higher for rural areas than for urban areas because of the greater likelihood of land ownership for farmers. Because wills often list the names of many family members, as much as half the population either left a will or was mentioned in one. <br> | 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. The percentage was higher for rural areas than for urban areas because of the greater likelihood of land ownership for farmers. Because wills often list the names of many family members, as much as half the population either left a will or was mentioned in one. <br> | ||
While probate records are one of the most accurate sources of genealogical evidence, they have [[United States Probate Limitations|limitations]]. <br> | While probate records are one of the most accurate sources of genealogical evidence, they have [[United States Probate Limitations|limitations]]. <br> | ||
=== Jurisdiction === | === Jurisdiction === | ||
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United States probate law derived from English common law and from Spanish community property law, depending on the state. Under English common law, a married woman could only make a will of real property with her husband's consent or with an antenuptial contract. Under Spanish community property law, property acquired while married belonged equally to husband and wife. Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, and Washington are community property states. | United States probate law derived from English common law and from Spanish community property law, depending on the state. Under English common law, a married woman could only make a will of real property with her husband's consent or with an antenuptial contract. Under Spanish community property law, property acquired while married belonged equally to husband and wife. Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, and Washington are community property states. | ||
Probate matters for the original English colonies were handled under English law. In fact, some American wills were proved in England and Scotland. The [[American Colonial Probate Records|American Colonial Probate Records]] article further explains how to find these wills. | Probate matters for the original English colonies were handled under English law. In fact, some American wills were proved in England and Scotland. The [[American Colonial Probate Records|American Colonial Probate Records]] article further explains how to find these wills. | ||
=== Sources === | === Sources === | ||
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*Szucs, Loretto Dennis and Sandra Hargreaves Luebking, editors. ''The Source: A Guidebook to American Genealogy.'' Third edition. Salt Lake City, Utah: Ancestry, Inc., 2006. Of particular interest is the section, "Probate," pages 268 - 277. {{FHL|973 D27ts 1997}} | *Szucs, Loretto Dennis and Sandra Hargreaves Luebking, editors. ''The Source: A Guidebook to American Genealogy.'' Third edition. Salt Lake City, Utah: Ancestry, Inc., 2006. Of particular interest is the section, "Probate," pages 268 - 277. {{FHL|973 D27ts 1997}} | ||
Many early probate records have been transcribed, indexed, and published. The Family History Library has statewide indexes or transcripts of large collections of wills that have been published for Alabama, Arkansas, Connecticut, Delaware, District of Columbia, Georgia, Indiana, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Mississippi, New Hampshire, New Jersey, New York, North Carolina, Ohio, Rhode Island, South Carolina, Tennessee, Virginia, and West Virginia. These are listed in the Place Search of the Family History Library Catalog. | Many early probate records have been transcribed, indexed, and published. The Family History Library has statewide indexes or transcripts of large collections of wills that have been published for Alabama, Arkansas, Connecticut, Delaware, District of Columbia, Georgia, Indiana, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Mississippi, New Hampshire, New Jersey, New York, North Carolina, Ohio, Rhode Island, South Carolina, Tennessee, Virginia, and West Virginia. These are listed in the Place Search of the Family History Library Catalog. | ||
== Probate by State == | == Probate by State == | ||
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[[Category:Record_Types_of_the_United_States]] [[Category:United_States]] [[Category:United_States_Probate_Records]] | [[Category:Record_Types_of_the_United_States]] [[Category:United_States]] [[Category:United_States_Probate_Records]] | ||