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{{Adoption DEGenWeb}} | {{Adoption DEGenWeb}} | ||
== | === Online Resources === | ||
*'''1656 - 1999''' [http://search.ancestry.com/search/db.aspx?dbid=8796 New Jersey Wills and Probate Records 1656-1999] at [http://home.ancestry.com/ Ancestry.com] — index and images $ | |||
*'''1670 – 1760''' [http://search.ancestry.com/search/db.aspx?dbid=4723 Calendar of New Jersey Wills 1670-1760] at [http://home.ancestry.com Ancestry.com] — index and images $ | |||
*'''1670 – 1817''' [http://search.ancestry.com/search/db.aspx?dbid=2793 New Jersey Abstract of Wills 1670-1817] at [http://home.ancestry.com Ancestry.com] — index and images $ | |||
*'''1678 - 1980''' {{RecordSearch|2018330|New Jersey Probate Records 1678-1980}} at [https://familysearch.org/ FamilySearch] — images | |||
*[http://www.nj.gov/state/darm/genealogy.html New Jersey State Archives] A listing of Estate (Probate) Records can be found under "Genealogical Holdings." | |||
=== Record Synopsis === | |||
Most probate matters are handled by the Surrogate's Court, which is a court of limited jurisdiction. They only handle uncontested matters. For all other cases, probate must be handled in the Superior Court's Probate Part. (For a more detailed explanation, see a New Jersey County surrogate web page by clicking [http://www.co.monmouth.nj.us/page.aspx?ID=2238 here]. | Currently, in New Jersey, probate matters are handled by two courts, namely, the Surrogate's Court and the Superior Court, Chancery Division, Probate Part. | ||
Most probate matters are handled by the Surrogate's Court, which is a court of limited jurisdiction. They only handle uncontested matters. For all other cases, probate must be handled in the Superior Court's Probate Part. (For a more detailed explanation, see a New Jersey County surrogate web page by clicking [http://www.co.monmouth.nj.us/page.aspx?ID=2238 here]. [accessed March 7, 2014] | |||
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> | ||
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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 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. | ||
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 === | ||
Until the 1670s, wills were probated by notary publics (according to Dutch law and custom). The notaries kept these documents in their personal custody and unfortunately were not required to record them in county or state records. For the whereabouts of these records, see [[New York Probate Records]]. <br> | Until the 1670s, wills were probated by notary publics (according to Dutch law and custom). The notaries kept these documents in their personal custody and unfortunately were not required to record them in county or state records. For the whereabouts of these records, see [[New York Probate Records]]. <br> | ||
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The Family History Library has microfilm copies of most state probate records from 1665 through 1900 and most county probate records through the early 1900s. The state archives has microfilm copies and the originals of all records formerly held by the secretary of state, 1670 to 1901, as well as microfilms of many pre-1901 county probate records. The county surrogate's court offices generally have orphans' court records from 1785 to the present, surrogates' court records from 1804 to the present, and some earlier records. | The Family History Library has microfilm copies of most state probate records from 1665 through 1900 and most county probate records through the early 1900s. The state archives has microfilm copies and the originals of all records formerly held by the secretary of state, 1670 to 1901, as well as microfilms of many pre-1901 county probate records. The county surrogate's court offices generally have orphans' court records from 1785 to the present, surrogates' court records from 1804 to the present, and some earlier records. | ||
== State Statutes == | === State Statutes === | ||
Understanding the New Jersey 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. New Jersey statutes are available on the [http://www.njleg.state.nj.us/ New Jersey Legislature] web site.<br> | Understanding the New Jersey 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. New Jersey statutes are available on the [http://www.njleg.state.nj.us/ New Jersey Legislature] web site.<br> | ||
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Additional information about New Jersey state statutes relating to probate matters can be found at law libraries. | Additional information about New Jersey state statutes relating to probate matters can be found at law libraries. | ||
== Statewide <span id="fck_dom_range_temp_1289948332050_92" />Record Collections == | === Statewide <span id="fck_dom_range_temp_1289948332050_92" />Record Collections === | ||
=== Indexes === | === Indexes === | ||
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:Internet: http://www.answers.com/topic/new-jersey-superior-court | :Internet: http://www.answers.com/topic/new-jersey-superior-court | ||
== Websites == | === Websites === | ||
[http://www.nj.gov/state/darm/genealogy.html New Jersey State Archives] A listing of Estate (Probate) Records can be found under "Genealogical Holdings." | [http://www.nj.gov/state/darm/genealogy.html New Jersey State Archives] A listing of Estate (Probate) Records can be found under "Genealogical Holdings." | ||
'''A wiki article describing an online | '''A wiki article describing an online collection is found at:'''<br> | ||
[[New Jersey, Middlesex County Probate Records (FamilySearch Historical Records)|New Jersey, Middlesex County Probate Records (FamilySearch Historical Records)]]<br> | [[New Jersey, Middlesex County Probate Records (FamilySearch Historical Records)|New Jersey, Middlesex County Probate Records (FamilySearch Historical Records)]]<br> | ||
== References == | === References === | ||
<references /> | <references /> | ||
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