Massachusetts Probate Records: Difference between revisions

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''[[United States|United States ]] [[Image:Gotoarrow.png]]  [[Massachusetts|Massachusetts ]] [[Image:Gotoarrow.png]]  [[Massachusetts_Probate_Records|Probate Records]]''
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| link5=[[Massachusetts Probate Records|Probate Records]]
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== Record Synopsis ==
==Online Resources==
*[https://www.americanancestors.org/index.aspx Massachusetts Probate Records], index and images.
*[http://search.ancestry.com/search/db.aspx?dbid=9069 Massachusetts, Wills and Probate Records, 1635-1991]($), index and images, incomplete.
*{{RecordSearch|2018320|Massachusetts, Plymouth County, Probate Records, 1633-1967}}, images/no index.
*'''1686-1915''' {{RecordSearch|1918549|Massachusetts, Plymouth County, Probate Estate Files, 1686-1915}} at FamilySearch - [[Massachusetts, Plymouth County, Probate Estate Files - FamilySearch Historical Records|How to Use this Collection]];images only
*[http://search.ancestry.com/search/db.aspx?dbid=3223&cj=1&netid=cj&o_xid=0002703009&o_lid=0002703009&o_sch=Affiliate+External Mayflower Deeds and Probates, 1600-1850]($), index/images
*'''1635 – 1991''' [http://search.ancestry.com/search/db.aspx?dbid=9069 Massachusetts Wills and Probate Records 1635-1991] at Ancestry — index and images $
*'''1638 – 1840''' [http://search.ancestry.com/search/db.aspx?dbid=4592 Essex, Massachusetts Probate Records 1638-1840] at Ancestry — index $
*'''1648 – 1870''' [http://search.ancestry.com/search/db.aspx?dbid=4892 Middlesex County Massachusetts Probate Index 1648-1870] at Ancestry — index $
*'''1793 – 1900''' [http://search.ancestry.com/search/db.aspx?dbid=5656 Norfolk County, Massachusetts Probate Index 1793-1900] at [http://home/ancestry.com Ancestry.com] — index $
*[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]
 
===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> Genealogists often refer to 'Probate Records' as "All records which relate to the disposition of an estate," whether the person died leaving a will (testate) or not (intestate).<ref>Val. D. Greenwood, ''The Researcher's Guide to American Genealogy,'' 3rd ed. (Baltimore, Maryland: Genealogical Publishing Co., Inc., 2000), 309.</ref>  
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> Genealogists often refer to 'Probate Records' as "All records which relate to the disposition of an estate," whether the person died leaving a will (testate) or not (intestate).<ref>Val. D. Greenwood, ''The Researcher's Guide to American Genealogy,'' 3rd ed. (Baltimore, Maryland: Genealogical Publishing Co., Inc., 2000), 309.</ref>  


Various types of records are created throughout the probate process. These may include, wills, guardianships, bonds, petitions, accounts, inventories, administrations, orders, depositions, 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.  
Various records may be found in probate files. These may include wills, guardianships, bonds, petitions, accounts, inventories, administrations, orders, depositions, 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]].  
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]].  


== History ==
===History===


Probate records were under the jurisdiction of the general court and the county courts until probate courts were established in 1692. Probate courts exercised exclusive jurisdiction over guardianships, adoptions, probates of wills, and administration of estates. The original records are at county courthouses.  
Probate records were under the jurisdiction of the general court and the county courts until probate courts were established in 1692. Probate courts exercised exclusive jurisdiction over guardianships, adoptions, probates of wills, and administration of estates. The original records are at county courthouses.  
Line 15: Line 34:
Records of cases that were appealed are in the office of the clerk of the Supreme Judicial Court.  
Records of cases that were appealed are in the office of the clerk of the Supreme Judicial Court.  


== State Statutes ==
===State Statutes===


== Repositories ==
===Repositories===


==== Local ====
====Local====


*The Massachusetts State Archives
*The Massachusetts State Archives


*The [[ New England Historic Genealogical Society]] located in the heart of downtown Boston, Massachusetts has Massachusetts probate records available on microfilm. To search their online library catalog click [http://library.nehgs.org/ Here].
*The [[New England Historic Genealogical Society]] located in the heart of downtown Boston, Massachusetts has Massachusetts probate records available on microfilm. To search their online library catalog click [http://library.nehgs.org/ Here].
 
==== Regional  ====
 
==== National  ====


*The [[Family History Library|Family History Library]]&nbsp;located in Salt Lake City, Utah has an excellent collection of Massachusetts probate records and indexes through 1880 or 1900 available on microfilm. These include probate dockets, wills, inventories, accounts, administrations, and guardianship records. For collection details see the [https://familysearch.org/catalog-search Family History Library Catalog].&nbsp;Use the "Place Search" option to search for a specific Massachusetts county. Then look for&nbsp;topics labeled "Probate Records" or "Guardianship."
===Regional===


== Statewide Record Collections  ==
===National===


*Hall, Prescott F. ''Reference Lists of Wills Construed by the Supreme Judicial Court of Massachusetts, Including the Cases in Quincy and From Vol. 1 to Vol. 165 of the Massachusetts Reports''. Boston: George B. Reed, 1896.&nbsp;This 28 page booklet&nbsp;provides a listing of&nbsp;wills construed by the Supreme Judical Court of Massachusetts.&nbsp;&nbsp;The list includes date of probate, name of testator, date of death, county of trial, and case reference. A digital version of this book is available online at [http://ia700100.us.archive.org/BookReader/BookReaderImages.php?zip=/18/items/referencelistwi00massgoog/referencelistwi00massgoog_jp2.zip&file=referencelistwi00massgoog_jp2/referencelistwi00massgoog_0001.jp2&scale=3.8474747474747475&rotate=0 Internet Archive].
*The [https://www.familysearch.org/en/library/ FamilySearch Library] located in Salt Lake City, Utah has an excellent collection of Massachusetts probate records and indexes through 1880 or 1900 available on microfilm. These include probate dockets, wills, inventories, accounts, administrations, and guardianship records. For collection details see the [https://www.familysearch.org/search/catalog FamilySearch Catalog]. Use the "Place Search" option to search for a specific Massachusetts county. Then look for topics labeled "Probate Records" or "Guardianship."


*''Plymouth Colony Wills and Inventories: Taken from the Mayflower Descendant''. Three Volumes. Carbon copy typescript. {{FHL|121605|item|disp=FHL book 974.4 P2p}}. Contains records of wills and inventories and tables of items extracted from wills and inventories. Contents: Vol. 1 (1620-1639), Vol. 2 (1641-1649), Vol. 3 (1650-1659).
===Statewide Record Collections===


*Simmons, C.H. ''Plymouth Colony Records''. Camden, Maine: Picton Press, c1996. {{FHL|759465|item|disp=FHL book 974.4 R2s}} This book is comprised of two volumes: Vol.1 Wills and Inventories, 1633-1669, and Vol. 2 Wills, 1654-1669.
*Hall, Prescott F. ''Reference Lists of Wills Construed by the Supreme Judicial Court of Massachusetts, Including the Cases in Quincy and From Vol. 1 to Vol. 165 of the Massachusetts Reports''. Boston: George B. Reed, 1896. This 28 page booklet provides a listing of wills construed by the Supreme Judical Court of Massachusetts. The list includes date of probate, name of testator, date of death, county of trial, and case reference. A digital version of this book is available online at [http://ia700100.us.archive.org/BookReader/BookReaderImages.php?zip=/18/items/referencelistwi00massgoog/referencelistwi00massgoog_jp2.zip&file=referencelistwi00massgoog_jp2/referencelistwi00massgoog_0001.jp2&scale=3.8474747474747475&rotate=0 Internet Archive].


== Learn More  ==
*''Plymouth Colony Wills and Inventories: Taken from the Mayflower Descendant''. Three Volumes. Carbon copy typescript. {{FSC|121605|item|disp=FS Catalog book 974.4 P2p}}. Contains records of wills and inventories and tables of items extracted from wills and inventories. Contents: Vol. 1 (1620-1639), Vol. 2 (1641-1649), Vol. 3 (1650-1659).


==== Published Materials  ====
*Simmons, C.H. ''Plymouth Colony Records''. Camden, Maine: Picton Press, c1996. {{FSC|759465|item|disp=FS Catalog book 974.4 R2s}} This book is comprised of two volumes: Vol.1 Wills and Inventories, 1633-1669, and Vol. 2 Wills, 1654-1669.


*Melnyk, Marcia D. ''Genealogist's Handbook for New England Research'', Fourth edition. Boston, Massachusetts: New England Historic Genealogical Society, 1999. {{FHL|712264|item|disp=FHL book 974 D27g}}. ([http://www.worldcat.org/title/genealogists-handbook-for-new-england-research/oclc/42829198&referer=brief_results WorldCat])
===Learn More===
*Sara E. Campbell, ''Massachusetts Probate Research'' NGS Magazine 48 #2 (April-June, 2022): 40- FS Library 973 D25ngs v48 no. 2


*Sherman, Ruth Wilder and Robert S. Wakefield. ''Plymouth Colony Probate Guide: Where to Find Wills and Related Data for 800 People of Plymouth Colony, 1620-1691.'' Warwick, Rhode Island: Plymouth Colony Research Group, 1983. {{FHL|58970|item|disp=FHL book 974.4 P2s}}.
===Published Materials===


*Smith, William L. ''The Practice in Proceedings in the Probate Courts; Including the Probate of wills; Appointment of Administrators, Guardians, and Trustees; Allowances; Sale of Real and Personal Estate; Settlement of Accounts; Distribution of Estates; Assignment of Dower, With Table Showing the Present Value of Estates in Dower; Partition of Lands, &amp;c., &amp;c., &amp;c. With an Appendix of Practical Forms, Designed for the Use of Executors and Others Having Business in the Probate Courts.'' Third edition. Boston: Little, Brown and Company, 1876. A digital version of this book is available online at [http://www.archive.org/stream/practiceinprocee00smit#page/n3/mode/2up Internet Archive].
*Melnyk, Marcia D. ''Genealogist's Handbook for New England Research'', Fourth edition. Boston, Massachusetts: New England Historic Genealogical Society, 1999. {{FSC|712264|item|disp=FS Catalog book 974 D27g}}. ([http://www.worldcat.org/title/genealogists-handbook-for-new-england-research/oclc/42829198&referer=brief_results WorldCat])


*Smith, William L. ''The Practice in Proceedings in the Probate Courts of Massachusetts, With an Appendix of Uniform Forms and Rules Approved by the Supreme Judicial Court.'' Sixth editon. Revised by John E. Abbott. Boston: Little, Brown and Company, 1903. A digital version of this book is available online at [http://www.archive.org/stream/proceedingsinpr00smit#page/n5/mode/2up Internet Archive].
*Sherman, Ruth Wilder and Robert S. Wakefield. ''Plymouth Colony Probate Guide: Where to Find Wills and Related Data for 800 People of Plymouth Colony, 1620-1691.'' Warwick, Rhode Island: Plymouth Colony Research Group, 1983. {{FSC|58970|item|disp=FS Catalog book 974.4 P2s}}.


==== Websites  ====
*Smith, William L. ''The Practice in Proceedings in the Probate Courts; Including the Probate of wills; Appointment of Administrators, Guardians, and Trustees; Allowances; Sale of Real and Personal Estate; Settlement of Accounts; Distribution of Estates; Assignment of Dower, With Table Showing the Present Value of Estates in Dower; Partition of Lands, &amp;c., &amp;c., &amp;c. With an Appendix of Practical Forms, Designed for the Use of Executors and Others Having Business in the Probate Courts.'' Third edition. Boston: Little, Brown and Company, 1876. A digital version of this book is available online at [https://www.archive.org/stream/practiceinprocee00smit#page/n3/mode/2up Internet Archive].


*[http://www.mass.gov/courts/index.html Massachusetts Court System]. For information about the Massachusetts Probate and Family Court Department click [http://www.mass.gov/courts/courtsandjudges/courts/probateandfamilycourt/ Here].
*Smith, William L. ''The Practice in Proceedings in the Probate Courts of Massachusetts, With an Appendix of Uniform Forms and Rules Approved by the Supreme Judicial Court.'' Sixth editon. Revised by John E. Abbott. Boston: Little, Brown and Company, 1903. A digital version of this book is available online at [https://www.archive.org/stream/proceedingsinpr00smit#page/n5/mode/2up Internet Archive].


*[http://www.mass-doc.com/probate_court_dir.htm Massachusetts Probate Courts]. This Web site provides a directory of Massachusetts Probate Courts.
===Websites===


*[https://www.mass-doc.com/massachusetts-probate-and-family-court-directory.htm Massachusetts Probate Courts Guide To County Court Locations]
<br>
'''A wiki article describing an online collection is found at:'''  
'''A wiki article describing an online collection is found at:'''  


[[Massachusetts, Plymouth County Probate Files (FamilySearch Historical Records)]]  
[[Massachusetts, Plymouth County Probate Files - FamilySearch Historical Records]]


== References ==
===References===


<references />{{Massachusetts|Massachusetts}}  
<references />{{Massachusetts|Massachusetts}}  


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

Latest revision as of 17:56, 6 June 2024

Massachusetts Wiki Topics
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Beginning Research
Record Types
Massachusetts Background
Cultural Groups
Local Research Resources

Online Resources[edit | edit source]

Record Synopsis[edit | edit source]

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.”[1] Genealogists often refer to 'Probate Records' as "All records which relate to the disposition of an estate," whether the person died leaving a will (testate) or not (intestate).[2]

Various records may be found in probate files. These may include wills, guardianships, bonds, petitions, accounts, inventories, administrations, orders, depositions, 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.

History[edit | edit source]

Probate records were under the jurisdiction of the general court and the county courts until probate courts were established in 1692. Probate courts exercised exclusive jurisdiction over guardianships, adoptions, probates of wills, and administration of estates. The original records are at county courthouses.

Records of cases that were appealed are in the office of the clerk of the Supreme Judicial Court.

State Statutes[edit | edit source]

Repositories[edit | edit source]

Local[edit | edit source]

  • The Massachusetts State Archives

Regional[edit | edit source]

National[edit | edit source]

  • The FamilySearch Library located in Salt Lake City, Utah has an excellent collection of Massachusetts probate records and indexes through 1880 or 1900 available on microfilm. These include probate dockets, wills, inventories, accounts, administrations, and guardianship records. For collection details see the FamilySearch Catalog. Use the "Place Search" option to search for a specific Massachusetts county. Then look for topics labeled "Probate Records" or "Guardianship."

Statewide Record Collections[edit | edit source]

  • Hall, Prescott F. Reference Lists of Wills Construed by the Supreme Judicial Court of Massachusetts, Including the Cases in Quincy and From Vol. 1 to Vol. 165 of the Massachusetts Reports. Boston: George B. Reed, 1896. This 28 page booklet provides a listing of wills construed by the Supreme Judical Court of Massachusetts. The list includes date of probate, name of testator, date of death, county of trial, and case reference. A digital version of this book is available online at Internet Archive.
  • Plymouth Colony Wills and Inventories: Taken from the Mayflower Descendant. Three Volumes. Carbon copy typescript. FS Catalog book 974.4 P2p. Contains records of wills and inventories and tables of items extracted from wills and inventories. Contents: Vol. 1 (1620-1639), Vol. 2 (1641-1649), Vol. 3 (1650-1659).
  • Simmons, C.H. Plymouth Colony Records. Camden, Maine: Picton Press, c1996. FS Catalog book 974.4 R2s This book is comprised of two volumes: Vol.1 Wills and Inventories, 1633-1669, and Vol. 2 Wills, 1654-1669.

Learn More[edit | edit source]

  • Sara E. Campbell, Massachusetts Probate Research NGS Magazine 48 #2 (April-June, 2022): 40- FS Library 973 D25ngs v48 no. 2

Published Materials[edit | edit source]

  • Melnyk, Marcia D. Genealogist's Handbook for New England Research, Fourth edition. Boston, Massachusetts: New England Historic Genealogical Society, 1999. FS Catalog book 974 D27g. (WorldCat)
  • Sherman, Ruth Wilder and Robert S. Wakefield. Plymouth Colony Probate Guide: Where to Find Wills and Related Data for 800 People of Plymouth Colony, 1620-1691. Warwick, Rhode Island: Plymouth Colony Research Group, 1983. FS Catalog book 974.4 P2s.
  • Smith, William L. The Practice in Proceedings in the Probate Courts; Including the Probate of wills; Appointment of Administrators, Guardians, and Trustees; Allowances; Sale of Real and Personal Estate; Settlement of Accounts; Distribution of Estates; Assignment of Dower, With Table Showing the Present Value of Estates in Dower; Partition of Lands, &c., &c., &c. With an Appendix of Practical Forms, Designed for the Use of Executors and Others Having Business in the Probate Courts. Third edition. Boston: Little, Brown and Company, 1876. A digital version of this book is available online at Internet Archive.
  • Smith, William L. The Practice in Proceedings in the Probate Courts of Massachusetts, With an Appendix of Uniform Forms and Rules Approved by the Supreme Judicial Court. Sixth editon. Revised by John E. Abbott. Boston: Little, Brown and Company, 1903. A digital version of this book is available online at Internet Archive.

Websites[edit | edit source]


A wiki article describing an online collection is found at:

Massachusetts, Plymouth County Probate Files - FamilySearch Historical Records

References[edit | edit source]

  1. Henry Campbell Black, Black's Law Dictionary, 5th ed. (St. Paul, Minnesota: West Publishing Co., 1979), 1081, "probate."
  2. Val. D. Greenwood, The Researcher's Guide to American Genealogy, 3rd ed. (Baltimore, Maryland: Genealogical Publishing Co., Inc., 2000), 309.