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| link5=[[United_States_Probate_Limitations|Limitations]] | |||
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== Limitations of a will == | While probate records are one of the most accurate sources of genealogical evidence, they must be used with some caution. | ||
=== Limitations of probate records === | |||
The following limitations should be considered when using probate records: | |||
*Not everyone left an estate that was probated by a court. | |||
*Not all relatives are listed--usually only the wife and children. | |||
*Date of death is usually not given. | |||
*Indexes usually list testator, not heirs or beneficiaries. | |||
*Information on the residence of relatives is rare. | |||
*Probate-related records can be filed in more than one cabinet, ledger, or packet and in more than one office. | |||
*Transcribed records might be incomplete, misread, or incorrectly transcribed so consult the original when possible. | |||
*Some courthouse indexes are complex enough to require guides to use them. (See the [[United States Index Systems|United States Index Systems]] article.) | |||
=== Limitations of a will === | |||
When analyzing a will record, be aware of the following potential problems: | When analyzing a will record, be aware of the following potential problems: | ||
*The | *Not everyone left a will. | ||
*The will may omit a deceased child | *The wife mentioned in the will may not be the mother of the children mentioned in the will. | ||
*The will may omit a child who already received | *The will may omit a deceased child. | ||
*Maiden names of female spouses are not usually mentioned | *The will may omit a child who already received his or her inheritance. | ||
*Children are not always listed in birth order; sons may be listed before the daughters | *Maiden names of female spouses are not usually mentioned. | ||
* | *Children are not always listed in birth order; sons may be listed before the daughters. | ||
* | *Those named are not necessarily related to the testator. | ||
* | *There are no every-name indexes for those listed in the will. | ||
*Relationships may be misleading | *There may be a problem with lack of punctuation. For example, is Mary Beth one name or two? | ||
*It can be difficult to determine the difference between married and middle names. | |||
*Relationships may be misleading: | |||
*:Uncle/aunt may be spouses | *:Uncle/aunt may be spouses | ||
*:Cousin may mean nephew/ | *:Cousin may mean nephew/niece | ||
*: | *:Son-in-law could mean stepson or nephew could mean grandson | ||
*:Brother and sister may mean brother and sister in the | *:Brother and sister may mean brother and sister in the Gospel | ||
=== Overcoming Limitations === | |||
The following strategies can be used to overcome these limitations: | |||
*Don't make assumptions. | |||
*Look at other records. Analyze the evidence from a variety of records and correlate the results. | |||
*Search for related transactions that might be found in court records, land records, guardianship records, and vital records. | |||
*Search other jurisdictions for the related records mentioned above. For instance, land might have been owned in more than one locality, a marriage may have taken place in another county or state, or records might have been transferred to a regional or state repository. | |||
Also see the article, [[Analyzing_United_States_Probate_Records|Analyzing Probate Records]]. | |||
=== Sources === | |||
*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." {{FSC|960443|item}} | |||
*Rose, Christine. ''Courthouse Indexes Illustrated.'' San Jose, California: CR Publications, 2006. {{{FSC|1362624|item}} | |||
*Rose, Christine. ''Courthouse Research for Family Historians: Your Guide to Genealogical Treasures.'' San Jose, California: CR Publications, 2004. Of particular interest are the chapters, "Estates Galore," "Estate Documents," "Milking Every Clue from Estates," and "Strategies that Work." {{FSC|1202197|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. {{FSC|1211475|item}} | |||
[[Category:United_States_Probate_Records]] | |||
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