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[[Portal:United States Probate|Portal:United States Probate ]]>[[Indiana|Indiana]]  
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'''Record Synopsis'''<br>Probate encompasses all matters and proceedings pertaining to the administration of estates, whether there is 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. They may also include information about adoption or guardianship of minor children and dependents.


Indiana probate records exist since 1790. Probate records may not give an exact death date, but the death most often occurred within a few months of the date of probate. Wills usually mention the names of heirs and frequently specify how those heirs are related.  
==Online Resources==
*'''1798 – 1999''' [http://search.ancestry.com/search/db.aspx?dbid=9045 Indiana Wills and Probate Records 1798-1999] at Ancestry — index & images '''$'''
*[https://www.familysearch.org/search/full-text Full-Text Search - Probate Records] at FamilySearch - index & images; dates, records, and places vary; [https://www.youtube.com/watch?v=P00oMDsAsSw How to Search]


See [[United States Probate Records|United States Probate Records]] for more information on probate records and their genealogical value.  
===Record Synopsis===
 
Probate is the “court procedure by which a will is proved to be valid or invalid” and encompasses “all matters and proceedings pertaining to the administration of estates, guardianships, etc.”<ref>Henry Campbell Black, ''Black's Law Dictionary,'' 5th ed. (St. Paul, Minnesota: West Publishing Co., 1979), 1081, "probate."</ref> Various types of records can be found in probate files. 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. They may also include information about adoption or guardianship of minor children and dependents. For further information about the probate process, types of probate records, analyzing probate records, and to access a glossary of probate terms, see [[United States Probate Records|United States Probate Records]].  
 
===History===


Until statehood, the following courts had jurisdiction:  
Until statehood, the following courts had jurisdiction:  


*Probate Court (1790–1805),  
*Probate Court (1790–1805),
*Orphans Court (1795– 1805),  
*Orphans Court (1795– 1805),
*Court of Common Pleas (1806–1813),  
*Court of Common Pleas (1806–1813),
*Circuit Court (1814–1816).
*Circuit Court (1814–1816).


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In 1829 a separate Probate Court was legislated and, with it, separate Probate Order Books. This court was replaced in 1853 with the Court of Common Pleas. It was abolished in 1873 and its jurisdiction was transferred to the Circuit Court. Many Order Books continued sequential numbering. For most counties, the court with probate jurisdiction has been the Circuit Court. Certain exceptions exist. Superior Courts in Lake, Laporte and Porter counties, for example, have had probate jurisdiction since 1899, and separate Probate Courts were created in Marion (1907), Vanderburgh (1919), and St. Joseph (1945) counties.  
In 1829 a separate Probate Court was legislated and, with it, separate Probate Order Books. This court was replaced in 1853 with the Court of Common Pleas. It was abolished in 1873 and its jurisdiction was transferred to the Circuit Court. Many Order Books continued sequential numbering. For most counties, the court with probate jurisdiction has been the Circuit Court. Certain exceptions exist. Superior Courts in Lake, Laporte and Porter counties, for example, have had probate jurisdiction since 1899, and separate Probate Courts were created in Marion (1907), Vanderburgh (1919), and St. Joseph (1945) counties.  


=== Statewide Indexes  ===
===State Statutes===
 
Understanding the Indiana probate laws and how they changed over time can help us learn how the estate was administered, taxed, and distributed and might help to solve difficult genealogical problems. Online digital versions of state statutes can often be found by conducting a search engine search for the term, "Indiana statutes."<br>
 
===Repositories===


A statewide index to the names of persons who left wills in Indiana through 1880 is available in:
====Local====


Franklin, Charles M. ''Index to Indiana Wills: Phase 1, through 1850; Phase 2, 1850 through 1880''. Two volumes. Indianapolis, Indiana: Heritage House, 1986-1987. (Family History Library book [http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=titlehitlist&columns=*%2C0%2C0&callno=977.2+P22f 977.2 P22f].) This provides name, year, county, volume, and page.
====Regional====


=== Probate Record Inventories  ===
====National====


Lists of wills and will abstracts for many counties are found in:
The FamilySearch Library has microfilmed Probate Order Books and Probate Complete Order Books for over half of the counties in Indiana. Do not overlook the ''Complete, or Final, Probate Order Book''. When an estate was settled, the clerk copied into these ledgers all the original papers, including bonds, wills, inventories, sale bills, settlements, and distribution of assets.


''Indiana Source Book: Genealogical Material from the Hoosier Genealogist'', includes over 175,000 indexed names.
===Statewide Record Collections===


Moudy, Vera Mae (Ginder). ''Directory, Wills and Estate Information in Genealogy Dept., Indiana State Library''. Indianapolis, Indiana: Ye Olde Genealogie Shoppe, 1981. (Family History Library book [http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=titledetails&titleno=418740&disp=Directory%2C+wills+and+estates+informati%20%20&columns=*,0,0 977.2 P23m].) This is a county-by-county list of books and films at the Indiana State Library.
===Learn More===


=== Availability of Probate Records ===
*Anne Roach, ''[https://fch.ldschurch.org/WWSupport/Courses/FamilyHistoryLibraryExport/Goldmine__Beyond_the_Court_Order_Book/Player.html Courthouse Records Overview]'' (35 minute online video)
*[https://www.familysearch.org/help/helpcenter/?search=getting%20started&show=lessons&message=true FamilySearch Research Classes Online], 2010.
*Eichholz, Alice, Editor. ''Redbook: American State, County, and Town Sources.'' Third Edition. Provo, Utah: Ancestry, 2004, p. 210. {{FSC|1185723|item}}
*Rose, Christine.''Courthouse Research for Family Historians: Your Guide to Genealogical Treasures.'' San Jose, California: CR Publications, 2004. {{FSC|1202197|item}}


The Family History Library has microfilmed Probate Order Books and Probate Complete Order Books for over half of the counties in Indiana. Do not overlook the ''Complete, or Final, Probate Order Book''. When an estate was settled, the clerk copied into these ledgers all the original papers, including bonds, wills, inventories, sale bills, settlements, and distribution of assets. Following is an example of the types of records that are filmed. These Franklin County records are on Family History Library microfilms:
====Published Materials====


*Will Records (1813–1925)
*Franklin, Charles M. ''Index to Indiana Wills: Phase 1, through 1850; Phase 2, 1850 through 1880''. Two volumes. Indianapolis, Indiana: Heritage House, 1986-1987. This provides name, year, county, volume, and page. {{FSC|452121|item}}
*Probate Order Books (1811–1920)
*Heiss, Willard, et al. editors. ''Indiana Source Book: Genealogical Material from the Hoosier Genealogist.'' 10 volumes to date. Indianapolis, Indiana: Indiana Historical Society, Family History Section, 1977-. {{FSC|360073|item}} These volumes include transcripts of wills and other records appearing in this periodical from 1961 - 1996.
*Probate Complete Order Books (1830–1869)  
*Moudy, Vera Mae (Ginder). ''Directory, Wills and Estate Information in Genealogy Dept., Indiana State Library''. Indianapolis, Indiana: Ye Olde Genealogie Shoppe, 1981. This is a county-by-county list of books and films at the Indiana State Library. {{FSC|418740|item}}
*Estate inventories (1811–1831)
*Partition records (1860–1872)
*Probate fee book (1831–1839)


Probate records are listed in the Locality Search of the Family History Library Catalog under:
====Websites====


INDIANA- PROBATE RECORDS
*[http://www.deathindexes.com/indiana/ Deathindexes.com] provides links to several Indiana probate records.


INDIANA, [COUNTY]- PROBATE RECORDS
====References====


=== Web Sites  ===
<references />


*[http://www.deathindexes.com/indiana/ Deathindexes.com] provides links to several Indiana probate records.
{{Indiana|Indiana}}
*[http://www.umw.edu/cas/historicpreservation/research_resources/default.php The University of Mary Washington] has indexed and transcribed probate inventories for Dearborn, Franklin, and Ripley counties.
*[http://departments.umw.edu/hipr/www/inventories/franklin/19cinfra.htm Franklin County Inventories] provides transcribed probate inventories indexed by date.
*The Kosciusko County page of [http://www.ingenweb.org/inkosciusko/ USGenWeb] has an [http://www.ingenweb.org/inkosciusko/willsndx.htm Index to Wills 1844 - 1920], an [http://www.ingenweb.org/inkosciusko/willsndx.htm Index to Estate Inventories and Administrations 1852 - 1975], and an [http://www.ingenweb.org/inkosciusko/guardian.htm Index to Guardianship Reports 1871 - 1964].


[[Category:Indiana|Probate]]
[[Category:Indiana, United States|Probate]]
[[Category:United States Probate Records|Indiana]]