Spain Notarial Records: Difference between revisions

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''[[Spain|Spain]] [[Image:Gotoarrow.png]] [[Spain Notarial Records|Notarial Records]]''
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== Why notarial records?  ==
== Why notarial records?  ==
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Given the legal nature of the documents most follow a standard format. Once you learn to recognize the format, reading the documents becomes easier. Just as in wills from other countries''testamentos'' in Spain almost always begin with the words “In the name of God amen” or “''En el nombre de Dios amen''.” The most important types of documents to consider are testaments, marriage contracts, death inventories, donations, partitions of goods, letters of payment, and transfers of land, with the latter two being less important than those preceding them. <br>
Given the legal nature of the documents most follow a standard format. Once you learn to recognize the format, reading the documents becomes easier. Just as in wills from other countries''testamentos'' in Spain almost always begin with the words “In the name of God amen” or “''En el nombre de Dios amen''.” The most important types of documents to consider are testaments, marriage contracts, death inventories, donations, partitions of goods, letters of payment, and transfers of land, with the latter two being less important than those preceding them. <br>


== Types of Records <br> ==
== Types of Records ==


Wills generally list all the names of the heirs of the deceased. Sometimes you might also find among the many requests for religious rites the names of relatives who predeceased the testator. Death inventories often list heirs. One of the fascinating aspects of death inventories and marriage contracts are the long lists of items owned by the deceased or given to the couple. They provide a fascinating glimpse into the life and everyday activities during the time period adding a rich cultural background to your family tree.<br>
Wills generally list all the names of the heirs of the deceased. Sometimes you might also find among the many requests for religious rites the names of relatives who predeceased the testator. Death inventories often list heirs. One of the fascinating aspects of death inventories and marriage contracts are the long lists of items owned by the deceased or given to the couple. They provide a fascinating glimpse into the life and everyday activities during the time period adding a rich cultural background to your family tree.<br>
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*Ventas y compras = Sales and purchases <br>
*Ventas y compras = Sales and purchases <br>
*Poderes = Power of attorney<br>
*Poderes = Power of attorney<br>
==== Wills (''Testamentos'') ====
Testaments are notarial records of estate distribution at the death of the testator. They can help to establish family groups and connect to older generations.
Notarial practice is rooted in the Roman heritage of Spanish civilization.  Notaries have validated legal documents for centuries on the Iberian peninsula.  Wills were kept by public notaries as differentiated from royal, criminal, or ecclesiastical notaries.  In 1609 notarial records became public records and were no longer the private possession of the notary.  The notarial law of 1862 required that they be preserved indefinitely.
Records exist from 1609 to the present. Generally they contain the name of testator, residence, names of family members and other relations and their relationship to the testator and may identify up to 40% of the population. Records are housed at the provincial historical archives (legal repository for notarial records more than a 100 years old), district and local notarial archives and offices.


== Where to Find Them? <br> ==
== Where to Find Them? <br> ==
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[http://oinati.gipuzkoakultura.net/ Archivo Histórico de Protocolos de Guipúzcoa ]<br>  
[http://oinati.gipuzkoakultura.net/ Archivo Histórico de Protocolos de Guipúzcoa ]<br>  


[https://familysearch.org/search/collection/show#uri=http://familysearch.org/searchapi/search/collection/1918906 Spain, Cádiz, Testaments, 1550-1920] A wiki article describing this collection is found at: [[Spain, Cadiz Notary Public Wills (FamilySearch Historical Records)|Spain, Cadiz Notary Public Wills (FamilySearch Historical Records) ]]<br>
{{RecordSearch|1918906| Spain, Cádiz, Testaments, 1550-1920}} - [[Spain, Cadiz Notary Public Wills - FamilySearch Historical Records|How to Use this Collection]]<br>


=== Archives specializing in notarial documents <br> ===
=== Archives specializing in notarial documents  ===


In Spain generally speaking most notarial records can be found in the historical provincial archives for each province. A Google search in Spanish should enable you to locate the contact information for these archives. Use the search terms "Archivo histórico provincial de [name of province]". You may also find some information about these archives visiting the [[Spain Provinces|province page]] for the area you are researching and then clicking on the link to Archives and Libraries. Access to the records is limited for documents dated within the last 100 years. Records before that time are generally accessible to the public. It is always adviseable to contact an archive before visiting to verify that they have the records for the jurisdiction you are researching. Judicial jurisdictions have changed over time and do not always correspond to present-day jurisdictions. <br>  
In Spain generally speaking most notarial records can be found in the historical provincial archives for each province. A Google search in Spanish should enable you to locate the contact information for these archives. Use the search terms "'''Archivo histórico provincial de [name of province]'''". You may also find some information about these archives visiting the [[Spain Provinces|province page]] for the area you are researching and then clicking on the link to Archives and Libraries. Access to the records is limited for documents dated within the last 100 years. Records before that time are generally accessible to the public. It is always adviseable to contact an archive before visiting to verify that they have the records for the jurisdiction you are researching. Judicial jurisdictions have changed over time and do not always correspond to present-day jurisdictions. <br>  


Besides historical provincial archives, the following are archives that specialize in notarial documents and notarial records for these areas may or may not be found in historical provincial archives.<br>  
Besides historical provincial archives, the following are archives that specialize in notarial documents and notarial records for these areas may or may not be found in historical provincial archives.<br>  
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[http://www.andalucia.notariado.org/?do=guiadelcolegio&option=archivo_de_protocolos_sede_de_sevilla_ Archivo Histórico de Protocolos de Barcelona ]<br>  
[http://www.andalucia.notariado.org/?do=guiadelcolegio&option=archivo_de_protocolos_sede_de_sevilla_ Archivo Histórico de Protocolos de Barcelona ]<br>  


For more information about notarial records, see Chapter 12 “Notarial Records” in Tracing Your Hispanic Heritage by George R. Ryskamp (Riverside, CA: Hispanic Family History Research, 1984) {{FHL|224436|item|disp=FHL INTL Book 946 D27r}} .  
For more information about notarial records, see Chapter 12 “Notarial Records” in Tracing Your Hispanic Heritage by George R. Ryskamp (Riverside, CA: Hispanic Family History Research, 1984) {{FSC|224436|item|disp=FS Library INTL Book 946 D27r}} .
 
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