Iowa Probate Records: Difference between revisions

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Latest revision as of 17:49, 6 June 2024

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Online Resources[edit | edit source]

Iowa, Wills and Probate Records, 1758-1997 ($), index and images, incomplete.
Full-Text Search - Probate Records at FamilySearch - index & images; dates, records, and places vary; How to Search

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] Various records may 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.

History[edit | edit source]

Iowa probate records date from about 1834, when the first county in the state was created. A probate court was created in each county when Iowa became an organized territory. These courts were responsible for settling estates. Probate courts were eventually discontinued, and probate matters have since been the responsibility of the district courts. Before 1887 some probate cases were settled in circuit courts and from 1851 to 1868, some in county courts. You can write to the clerk of the district court for copies of wills, administrations, dockets, calendars, and other records.

State Statutes[edit | edit source]

Understanding the Iowa 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, "Iowa statutes."

Repositories[edit | edit source]

Local[edit | edit source]

Regional[edit | edit source]

National[edit | edit source]

The FamilySearch Library has microfilm and microfiche copies of many probate records, including some will records as late as the 1970s and indexes to the 1990s.

A quick overview of probate records that can be found at the FamilySearch Library can be seen in this list.

Probate records are listed in the Locality Search of the The FamilySearch Catalog under:

Statewide Record Collections[edit | edit source]

Learn More[edit | edit source]

Anne Roach, Courthouse Records Overview (35 minute online video) FamilySearch Research Classes Online, 2010.
Eichholz, Alice, Editor. Redbook: American State, County, and Town Sources. Third Edition. Provo, Utah: Ancestry, 2004, p. 216. FS Library Collection
Rose, Christine. Courthouse Research for Family Historians: Your Guide to Genealogical Treasures. San Jose, California: CR Publications, 2004. FS Library Collection

Published Materials[edit | edit source]

Websites[edit | edit source]

Sampubco A gateway to Indexes of Will, Guardianships, Probate Records, and Letters Testamentary for some Iowa counties.
The Iowa GenWeb Project A cooperative volunteer effort with links to resources for the state and counties.

A wiki article describing an online collection is found at:

Iowa Fayette County Probate Case Files (FamilySearch Historical Records)

References[edit | edit source]

↑ Henry Campbell Black, Black's Law Dictionary, 5th ed. (St. Paul, Minnesota: West Publishing Co., 1979), 1081, "probate."

[1] Henry Campbell Black, Black's Law Dictionary, 5th ed. (St. Paul, Minnesota: West Publishing Co., 1979), 1081, "probate."

[1]

@@ Line 1: / Line 1: @@
-''[[Portal:United States Probate|United States Probate&nbsp;]] &gt; [[Iowa|Iowa]] &gt; Iowa Probate Records''
+{{IA-sidebar}}
+{{breadcrumb
+| link1=[[United States Genealogy|United States]]
+| link2=[[United States Probate Records|U.S. Probate Records]]
+| link3=[[Iowa, United States Genealogy|Iowa]]
+| link4=
+| link5=[[Iowa Probate Records|Probate Records]]
+}}
-{{Template:US-probate-topic_bar}}
+==Online Resources==
-=== Record Overview  ===
+*[http://search.ancestry.com/search/db.aspx?dbid=9064 Iowa, Wills and Probate Records, 1758-1997] ($), 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]
-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. 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. Names of children are given, as well as married names of daughters.
+==Record Synopsis==
-While probate records are one of the most accurate sources of genealogical evidence, they have [[United States Probate Limitations|limitations]].
+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 records may 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]].
-=== Jurisdictions ===
+==History==
-Iowa probate records date from about 1834, when the first county in the state was created. A probate court was created in each county when Iowa became an organized territory. These courts were responsible for settling estates. Probate courts were eventually discontinued, and probate matters have since been the responsibility of the district courts. Before 1887 some probate cases were settled in circuit courts and from 1851 to 1868, some in county courts. Probate records may include:
+Iowa probate records date from about 1834, when the first county in the state was created. A probate court was created in each county when Iowa became an organized territory. These courts were responsible for settling estates. Probate courts were eventually discontinued, and probate matters have since been the responsibility of the district courts. Before 1887 some probate cases were settled in circuit courts and from 1851 to 1868, some in county courts. You can write to the clerk of the district court for copies of wills, administrations, dockets, calendars, and other records.
-*[http://en.wikipedia.org/wiki/Letters_of_Administration '''Administration''']: Gives authority to the administrator to settle the estate.
+==State Statutes==
-*[http://en.wikipedia.org/wiki/Surrogate_Court '''Distributions''']: The manor in which the deceased's possessions are allocated.
-*[[Genealogical Dictionary of Legal Terms|'''Dower Rights''']]: Dower rights are the rights that a non owner spouse has in the real property of his or her spouse.
-*'''Estate File''': The file containing information about the property left by the deceased, to be dispersed between the surviving heirs.
-*'''Guardianship''': Probate Guardianship is when the Court appoints an adult who is not the child’s parent to take care of the child or the child’s property. <ref> [http://www.scselfservice.org/probate/minor/guardianship.htm  Superior Court of California County of Santa Clara] </ref>
-*'''Intestate''': When an individual dies without leaving a will. <ref>[http://www.answers.com/topic/intestate Answers.com] </ref>
-*'''Probate Case File''': All of the various loose papers that have been created throughout the probate process. These are bound together and archived by case number; they are also called a case or estate files, or probate estate papers. <ref> [http://www.byub.org/ancestors/records/glossary/index.html#probate_packet Ancestors Glossary]</ref>
-*[http://en.wikipedia.org/wiki/Administration_of_an_estate_on_death '''Letters of Administration''']: A document from a probate court allowing the administrator of an intestate estate to settle the estate. <ref> [http://www.answers.com/topic/letters-of-administration Answers.com] </ref>
-*[[Petitions|'''Letters Testamentary''']]: A document issued by a probate court empowering the executor of the Estate to discharge the appointed responsibilities. <ref> [http://www.answers.com/topic/letters-testamentary Answers.com]</ref>
-*'''Settlements''': The finalized accounting of how the estate was divided among the heirs, with the heirs acknowledging they have received their fair portion and will make no other claims with the estate. <ref> [http://www.byub.org/ancestors/records/glossary/index.html#settlement Ancestors Glossary] </ref>
-*[[Wills|'''Wills''']]: A legal document directing how the deceased wants his or her assets bestowed on others. <ref>[http://www.answers.com/topic/will-6 Answers.com] </ref>
-<br> You can write to the clerk of the district court for copies of wills, administrations, dockets, calendars, and other records.
+Understanding the Iowa 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, "Iowa statutes."<br>
-=== Obtaining the Records  ===
+==Repositories==
-'''National Repositories '''
+====Local====
-The Family History Library has microfilm and microfiche copies of many probate records, including some will records as late as the 1970s and indexes to the 1990s.
+====Regional====
-*A quick overview of probate records that can be found at the Family History Library can be seen in this [http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=titlehitlist&columns=*%2C0%2C0&title=iowa+probate+records&pretitle=iowa+probate+records list].
+====National====
-Probate records are listed in the Locality Search of the [[The Family History Library|The Family History Library Catalog]] under:
+The FamilySearch Library has microfilm and microfiche copies of many probate records, including some will records as late as the 1970s and indexes to the 1990s.
-::*IOWA - PROBATE RECORDS <br>
+*A quick overview of probate records that can be found at the FamilySearch Library can be seen in this {{FSC|iowa probate records|title|disp=list}}.
-::*IOWA, [COUNTY] - PROBATE RECORDS
-'''Web Sites '''
+Probate records are listed in the Locality Search of the [https://familysearch.org/search/#form=catalog The FamilySearch Catalog] under:
-*[http://www.sampubco.com/index.htm Sampubco] A gateway to Indexes of Will, Guardianships, Probate Records, and Letters Testamentary for some Iowa counties.
+::*[https://familysearch.org/search/search/index/catalog-search#searchType=catalog&filtered=true&collectionId=&fed=false&page=1&catSearchType=title&searchCriteria=Iowa+probate+records&placeName=&author_givenName=&author_surname= IOWA - PROBATE RECORDS] <br>
-*[http://iagenweb.org/ The Iowa GenWeb Project] A cooperative volunteer effort with links to resources for the state and counties.
+::*[https://familysearch.org/search/search/index/catalog-search#searchType=catalog&filtered=true&collectionId=&fed=false&page=1&catSearchType=title&searchCriteria=Iowa+probate+records&placeName=&author_givenName=&author_surname= IOWA, [COUNTY - PROBATE RECORDS]]
+==Statewide Record Collections==
+==Learn More==
+*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/learning-center FamilySearch Research Classes Online], 2010.
+*Eichholz, Alice, Editor. ''Redbook: American State, County, and Town Sources.'' Third Edition. Provo, Utah: Ancestry, 2004, p. 216. {{FSC|1185723|item}}
+*Rose, Christine. ''Courthouse Research for Family Historians: Your Guide to Genealogical Treasures.'' San Jose, California: CR Publications, 2004. {{FSC|1202197|item}}
+====Published Materials====
-=== Learn More  ===
+====Websites====
-*Anne Roach, ''[https://fch.ldschurch.org/WWSupport/Courses/FamilyHistoryLibraryExport/Goldmine__Beyond_the_Court_Order_Book/Player.html Courthouse Records Overview]'' (35 minute online video) [http://www.familysearch.org/eng/library/education/frameset_education.asp?PAGE=education_research_series_online.asp%3FActiveTab=2 FamilySearch Research Classes Online], 2010.
+*[http://www.sampubco.com/index.htm Sampubco] A gateway to Indexes of Will, Guardianships, Probate Records, and Letters Testamentary for some Iowa counties.
-*Eichholz, Alice, Editor. ''Redbook: American State, County, and Town Sources.'' Third Edition. Provo, Utah: Ancestry, 2004. (See page 216.)
+*[http://iagenweb.org/ The Iowa GenWeb Project] A cooperative volunteer effort with links to resources for the state and counties.
-*Rose, Christine. ''Courthouse Research for Family Historians: Your Guide to Genealogical Treasures.'' San Jose, California: CR Publications, 2004.
-Click on the following links to wiki articles for additional information on probate records:
+'''A wiki article describing an online collection is found at:'''
-*[[United States Probate Records|United States Probate Records]]
+[https://www.familysearch.org/wiki/en/Iowa,_Fayette_County_Probate_Case_Files_%28FamilySearch_Historical_Records%29 Iowa Fayette County Probate Case Files (FamilySearch Historical Records)]
-*[[United States Probate Process|Probate Process]]
-== References  ==
+==References==
 <references />
-[[Category:Iowa|Probate]]
+{{Iowa|Iowa}}
+[[Category:Iowa, United States|Probate]]
+[[Category:United States Probate Records|Iowa]]