Illinois Probate Records: Difference between revisions

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===Online Resources===
==Online Resources==
 
*'''1772-1999''' [http://search.ancestry.com/search/db.aspx?dbid=9048 Illinois Wills and Probate Records 1772-1999] at Ancestry - index & images ($)
*'''1772-1999''' [http://search.ancestry.com/search/db.aspx?dbid=9048 Illinois Wills and Probate Records 1772-1999] at Ancestry - index & images ($)
*'''1819-1988''' {{RecordSearch|1834344|Illinois Probate Records 1819-1988}} at FamilySearch; images — [[Illinois Probate Records - FamilySearch Historical Records|How to Use this Collection]]  
*'''1819-1988''' {{RecordSearch|1834344|Illinois Probate Records 1819-1988}} at FamilySearch; images — [[Illinois Probate Records - FamilySearch Historical Records|How to Use this Collection]]
*[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===
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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.  
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.  


Explore more about the [[United States Probate Process|probate process]], [[United States Probate Limitations|limitations of probate records]],&nbsp;[[Analyzing United States Probate Records|analyzing probate records]], a [[Glossary of United States Probate Terms|glossary]] of probate terms, [[United States Probate Wills|wills]], and [[United States Probate Records]].<br>  
Explore more about the [[United States Probate Process|probate process]], [[United States Probate Limitations|limitations of probate records]], [[Analyzing United States Probate Records|analyzing probate records]], a [[Glossary of United States Probate Terms|glossary]] of probate terms, [[United States Probate Wills|wills]], and [[United States Probate Records]].<br>  


===History===
===History===
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===Websites ===
===Websites ===


*[http://www.cyberdriveillinois.com/departments/archives/IRAD/iradholdings.html The Illinois Regional Archives Depositories] includes some online Illinois probate indexes.<br>
*[https://www.ilsos.gov/departments/archives/IRAD/iradholdings.html The Illinois Regional Archives Depositories] includes some online Illinois probate indexes.<br>
*[https://www.familysearch.org/search/catalog/results?count=20&placeId=366&query=%2Bplace%3A%22United%20States%2C%20Illinois%22%20%2Bsubject%3Aprobate Family Search Historical records]&nbsp;collection includes free online images of will books, administrations, journals, inventories, guardian's records, and order books from probate courts in Illinois. The content and time period will vary by county. A wiki article describing this collection is found at [[Illinois Probate Records - FamilySearch Historical Records|Illinois Probate Books - FamilySearch Historical Records]].<br>
*[https://www.familysearch.org/search/catalog/results?count=20&placeId=366&query=%2Bplace%3A%22United%20States%2C%20Illinois%22%20%2Bsubject%3Aprobate Family Search Historical records] collection includes free online images of will books, administrations, journals, inventories, guardian's records, and order books from probate courts in Illinois. The content and time period will vary by county. A wiki article describing this collection is found at [[Illinois Probate Records - FamilySearch Historical Records|Illinois Probate Books - FamilySearch Historical Records]].<br>
*[http://www.deathindexes.com/illinois/index.html DeathIndexes.com] provides links to several Illinois probate records.<br>
*[http://www.deathindexes.com/illinois/index.html DeathIndexes.com] provides links to several Illinois probate records.<br>
*[http://ilgenweb.net/ USGenWeb, Illinois] is a cooperative volunteer effort with links to resources in the state and counties.<br>
*[http://ilgenweb.net/ USGenWeb, Illinois] is a cooperative volunteer effort with links to resources in the state and counties.<br>

Latest revision as of 19:03, 9 June 2024

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Online Resources

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] 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.

Explore more about the probate process, limitations of probate records, analyzing probate records, a glossary of probate terms, wills, and United States Probate Records.

History

Variations existed within counties as probate jurisdictions and county boundaries changed over the years.

Territorial (1787 - 1818)
County Probate Judge and Clerk (1787 - 1795)
Orphans Court composed of Justices of Quarter Sessions (1795 - 1805)
Court of Common Pleas (1805 - 1816)
Clerk of County Court (1816 - 1819)

State (1818 - present)
Clerk of County Court (1816 - 1819)
Clerk of County's Commissioners' Court (1819 - 1821)
County Probate Court (1821 - 1848)
County Probate Court (for counties with 50,000+ population) (1870 - 1964)
County Court (1848 - 1964)
Circuit Court (1964 - present)

Searching Probate Records

It is usually best to start a probate search at the county level. Links to county pages appear below. Copies of records on FS Library microfilm and microfiche may be available for viewing at FamilySearch Centers. Also find Illinois Probate resources available at many libraries (WorldCat). Explore how to search WorldCat and the FamilySearch Catalog.

Websites

Published Materials

  • Eichholz, Alice, Editor. Redbook: American State, County, and Town Sources. Third Edition. Provo, Utah: Ancestry, 2004, 185. FS Library 973 D27rb 2004
  • Greenwood, Val D. Third edition. The Researcher's Guide to American Genealogy. Baltimore: Genealogical Publishing Co., Inc. 2000, 346. Many libraries (WorldCat); FS Library 973 D27g 2000
  • Pease, Theodore Calvin. "The County Archives of the State of Illinois." Clarence Walworth Alvord, editor. Collections of the Illinois State Historical Library. Volume XII. Springfield, Ill.: Trustees of the Illinois State Historical Library, 1915. Chap. IV, pp. lxxviii-lxxxi. View a free digital version online at Google Books.

State Statutes

Understanding the Illinois 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, "Illinois statutes." The following are examples of books related to Illinois probate laws:

  • Pease, Theodore Calvin. The Laws of the Northwest Territory, 1788-1800. Springfield, Illinois: Trustees of the Illinois State Historical Library, [1925]. Many libraries (WorldCat); FS Library fiche
  • Brayman, Mason. Revised Statutes of the State of Illinois....Springfield: Walters & Weber, 1845. View at Google Books using the search term "probate" for references specific to probate. Available at many libraries (WorldCat).
  • Hurd, Harvey Bostwick, editor. Revised Statutes of the State of Illinois. 1877....Chicago: Chicago Legal News Co., 1877. View at Google Books using the search term "probate" for references specific to probate. This and other years by this author available at many libraries (WorldCat).
  • Jones, William C. A Practical Treatise upon the Jurisdiction of...Probate Courts of Illinois....Chicago: T.H. Flood & Co., 1892. View at Internet Archive.
  • North, Levi. A Treatise on the Practice in Probate Courts...in the State of Illinois....Chicago: Callaghan & Co., 1875. View at Internet Archive. Available at many libraries (WorldCat).
  • Simons, Franklin Pierce. A Treatise on the Probate Practice and Law of Estates in the State of Illinois....Chicago: Callaghan & Co., 1907. View at Internet Archive. Available at many libraries (WorldCat).
  • Starr, Merritt and Russell H. Curtis, editors. Annotated Statutes of the State of Illinois in Force January 1, 1885 ....Volume I. Chicago: Callaghan & Co., 1885. View at Google Books using the search term "probate" for references specific to probate. Available at many libraries (WorldCat).

Current laws are offered online by the Illinois General Assembly as Illinois Compiled Statutes.

Additional information about Illinois state statutes relating to probate matters can be found at law libraries.

Learn More

References

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

A wiki article describing an online collection is found at:

Illinois Probate Books - FamilySearch Historical Records