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Analyzing United States Probate Records: Difference between revisions
Analyzing United States Probate Records (view source)
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''[[United States|United States ]] [[Image:Gotoarrow.png]] [[United States Probate Records|Probate Records]] [[Image:Gotoarrow.png]] [[Analyzing_United_States_Probate_Records|Analyzing Probate Records]]'' | ''[[United States|United States ]] [[Image:Gotoarrow.png]] [[United States Probate Records|Probate Records]] [[Image:Gotoarrow.png]] [[Analyzing_United_States_Probate_Records|Analyzing Probate Records]]'' | ||
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 any dependents. Careful analysis of probate documents is important to family history researchers because these documents can provide information to help reconstruct family units. While probate records are one of the most accurate sources of genealogical evidence, they have their [[United States Probate Limitations|limitations]]. | 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 any dependents. Careful analysis of probate documents is important to family history researchers because these documents can provide information to help reconstruct family units. While probate records are one of the most accurate sources of genealogical evidence, they have their [[United States Probate Limitations|limitations]]. | ||
=== Strategies<br> | === Strategies<br> === | ||
Look in indexes (see "Indexes" subheading below) and court dockets for the surname of interest.<br> | Look in indexes (see "Indexes" subheading below) and court dockets for the surname of interest.<br> | ||
Search the court minutes. These are the notes of the probate court proceedings. Use the minutes to develop a timeline of actions for the estate of interest. The court minutes will provide clues to finding unindexed records.<br> | Search the court minutes. These are the notes of the probate court proceedings. Use the minutes to develop a timeline of actions for the estate of interest. The court minutes will provide clues to finding unindexed records.<br> | ||
Consult bound volumes as well as probate packets. The documents found in the case file might not be filed in any logical order, but maintain the order of the documents as you found them.<br> | Consult bound volumes as well as probate packets. The documents found in the case file might not be filed in any logical order, but maintain the order of the documents as you found them.<br> | ||
Study documents for names, relationships (stated and implied), localities, and possible irregularities. | Study documents for names, relationships (stated and implied), localities, and possible irregularities. | ||
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==== Distributions ==== | ==== Distributions ==== | ||
When the distribution was completed and payments to the creditors and heirs made, the executor or administrator presented to the court a record or decree of distribution and settlement. This document listed the beneficiaries of the estate and the property each received.<br> | When the distribution was completed and payments to the creditors and heirs made, the executor or administrator presented to the court a record or decree of distribution and settlement. This document listed the beneficiaries of the estate and the property each received.<br> | ||
Distribution records are often the most helpful source of family information in an intestate case. Distribution accounts might include clues to an heir's change of name or address. The testator's personal account book might have been presented to the court as proof of distributions made prior to the will or probate.<br> | Distribution records are often the most helpful source of family information in an intestate case. Distribution accounts might include clues to an heir's change of name or address. The testator's personal account book might have been presented to the court as proof of distributions made prior to the will or probate.<br> | ||
==== Inventories ==== | ==== Inventories ==== | ||
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==== Bonds ==== | ==== Bonds ==== | ||
Bond records include those of administrator, executor, guardian, appraiser, and trustee. Careful analysis of bonds can help to determine relationships. In most probate cases, the court required the administrator (and sometimes the executor) to post a bond to ensure that he would properly complete his duties. The bond required the administrator to pay a fee to the court if he failed to adequately administer the estate. One or more persons were required to co-sign the bond as "sureties." These individuals were often members of the family or closely associated with the family. Therefore, the surname of the bondsman might provide a clue to a maiden name if the wife was named as executrix. <br> | Bond records include those of administrator, executor, guardian, appraiser, and trustee. Careful analysis of bonds can help to determine relationships. In most probate cases, the court required the administrator (and sometimes the executor) to post a bond to ensure that he would properly complete his duties. The bond required the administrator to pay a fee to the court if he failed to adequately administer the estate. One or more persons were required to co-sign the bond as "sureties." These individuals were often members of the family or closely associated with the family. Therefore, the surname of the bondsman might provide a clue to a maiden name if the wife was named as executrix. <br> | ||
==== Indexes ==== | ==== Indexes ==== | ||
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=== Sources === | === Sources === | ||
Consult the [[Glossary of United States Probate Terms|Glossary of Probate Terms]] wiki article for definitions of terms found above.<br> | Consult the [[Glossary of United States Probate Terms|Glossary of Probate Terms]] wiki article for definitions of terms found above.<br> | ||
*Greenwood, Val D. Third edition. ''The Researcher's Guide to American Genealogy. ''Baltimore: Genealogical Publishing Co., Inc. 2000. Of particular interest are the chapters, "Understanding Probate Records and Basic Legal Terminology," "What About Wills?" and "The Intestate—Miscellaneous Probate Records—Guardianships." {{FHL|960443|item}} | *Greenwood, Val D. Third edition. ''The Researcher's Guide to American Genealogy. ''Baltimore: Genealogical Publishing Co., Inc. 2000. Of particular interest are the chapters, "Understanding Probate Records and Basic Legal Terminology," "What About Wills?" and "The Intestate—Miscellaneous Probate Records—Guardianships." {{FHL|960443|item}} | ||
*Rose, Christine. ''Courthouse Research for Family Historians: Your Guide to Genealogical Treasures.'' San Jose, California: CR Publications, 2004. Of particular interest is the chapter, "Strategies that Work. {{FHL|1202197|item}} | *Rose, Christine. ''Courthouse Research for Family Historians: Your Guide to Genealogical Treasures.'' San Jose, California: CR Publications, 2004. Of particular interest is the chapter, "Strategies that Work. {{FHL|1202197|item}} | ||
*Ryskamp, George R. "Follow the Flow: U.S. Probate Research." Conference on Family History and Genealogy, 2010 (Provo, Utah: Brigham Young University, 2010). | *Ryskamp, George R. "Follow the Flow: U.S. Probate Research." Conference on Family History and Genealogy, 2010 (Provo, Utah: Brigham Young University, 2010). | ||
*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|1211475|item}} | *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|1211475|item}} | ||
[[Category:United_States_Probate_Records]] | [[Category:United_States_Probate_Records]] | ||