New Mexico Probate Records: Difference between revisions

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''{{NM-sidebar}}''''[[United States|United States ]] [[Image:Gotoarrow.png]]  [[New Mexico Genealogy|New Mexico]] [[Image:Gotoarrow.png]] [[New_Mexico_Probate_Records|New Mexico Probate]]''
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| link1=[[United States Genealogy|United States]]
| link2=[[United States Probate Records|U.S. Probate Records]]
| link3=[[New Mexico, United States Genealogy|New Mexico]]
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| link5=[[New Mexico Probate Records|Probate Records]]
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=== Online Resources ===
==Online Resources==
*'''1801 – 1993''' [http://search.ancestry.com/search/db.aspx?dbid=9075 New Mexico Wills and Probate Records 1801-1993] at [http://home.ancestry.com Ancestry.com] index and images $
*'''1801 – 1993''' [http://search.ancestry.com/search/db.aspx?dbid=9075 New Mexico Wills and Probate Records 1801-1993] at Ancestry — index and images $
*[http://search.ancestry.com/search/db.aspx?dbid=9075 New Mexico, Wills and Probate Records, 1801-1993]($), index and images, incomplete.
*[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 ===
 
===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===


The Spanish Archives and the Mexican Archives contain probate records for the Spanish and Mexican periods. &nbsp;In the 1840s and 1850s, prefect courts and probate courts kept records of the disposition of estates. Probate records from the 1850s to 1912 are in the records of the U.S. judicial district courts for the Territory of New Mexico at the [[National Archives Rocky Mountain Region (Denver)]].  
The Spanish Archives and the Mexican Archives contain probate records for the Spanish and Mexican periods. In the 1840s and 1850s, prefect courts and probate courts kept records of the disposition of estates. Probate records from the 1850s to 1912 are in the records of the U.S. judicial district courts for the Territory of New Mexico at the [[National Archives Rocky Mountain Region (Denver)]].  


=== Availability ===
===Availability===


Since statehood in 1912, probate matters have been under the jurisdiction of probate courts in each county. Records of guardianship and adoption have usually been transferred to the district courts. In 1953 the district courts were given concurrent jurisdiction with the probate court over all probate matters in each county.  
Since statehood in 1912, probate matters have been under the jurisdiction of probate courts in each county. Records of guardianship and adoption have usually been transferred to the district courts. In 1953 the district courts were given concurrent jurisdiction with the probate court over all probate matters in each county.  


The Family History Library does not have copies of the county probate records. They are available at each county courthouse. You can obtain copies by contacting the county clerk.  
The FamilySearch Library does not have copies of the county probate records. They are available at each county courthouse. You can obtain copies by contacting the county clerk.  


Further explanation of the records and laws dealing with probate affairs in the state is:  
Further explanation of the records and laws dealing with probate affairs in the state is:  
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*Arie Poldervaart, ''New Mexico Probate Manual'' (Albuquerque, New Mexico: University of New Mexico Press, 1961).
*Arie Poldervaart, ''New Mexico Probate Manual'' (Albuquerque, New Mexico: University of New Mexico Press, 1961).


=== Websites ===
===Websites===


*[[National Archives Rocky Mountain Region (Denver)]]:&nbsp;[http://www.archives.gov/rocky-mountain/ http://www.archives.gov/rocky-mountain/]
*[[National Archives Rocky Mountain Region (Denver)]]: http://www.archives.gov/rocky-mountain/


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


*''[[New Mexico Genealogy|New Mexico]] Research Outline. ''Salt Lake City,&nbsp;Utah: Intellectual Reserve, Inc., Family&nbsp;History&nbsp;Department, 1998, 2001. (NOTE: All of the information from the original research outline has been imported into the FamilySearch Wiki and is being updated as time permits.)
*''[[New Mexico Genealogy|New Mexico]] Research Outline. ''Salt Lake City, Utah: Intellectual Reserve, Inc., Family History Department, 1998, 2001. (NOTE: All of the information from the original research outline has been imported into the FamilySearch Wiki and is being updated as time permits.)


<references />  
<references />  


[[Category:New Mexico, United States|Probate]][[Category:United States Probate Records]]
[[Category:New Mexico, United States|Probate]]
[[Category:United States Probate Records]]

Latest revision as of 18:06, 6 June 2024

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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.”[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

The Spanish Archives and the Mexican Archives contain probate records for the Spanish and Mexican periods. In the 1840s and 1850s, prefect courts and probate courts kept records of the disposition of estates. Probate records from the 1850s to 1912 are in the records of the U.S. judicial district courts for the Territory of New Mexico at the National Archives Rocky Mountain Region (Denver).

Availability

Since statehood in 1912, probate matters have been under the jurisdiction of probate courts in each county. Records of guardianship and adoption have usually been transferred to the district courts. In 1953 the district courts were given concurrent jurisdiction with the probate court over all probate matters in each county.

The FamilySearch Library does not have copies of the county probate records. They are available at each county courthouse. You can obtain copies by contacting the county clerk.

Further explanation of the records and laws dealing with probate affairs in the state is:

  • Arie Poldervaart, New Mexico Probate Manual (Albuquerque, New Mexico: University of New Mexico Press, 1961).

Websites

References

  • New Mexico Research Outline. Salt Lake City, Utah: Intellectual Reserve, Inc., Family History Department, 1998, 2001. (NOTE: All of the information from the original research outline has been imported into the FamilySearch Wiki and is being updated as time permits.)
  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.