Scotland Probate Records: Difference between revisions

Scotland Probate Records (view source)

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-Scotland has no "Probate" records - the term is Confirmation. Testaments are court records dealing with the distribution of a person’s estate after death, but up until the mid-19th Century, they could only deal with "moveable" estate (i.e., not land, buildings, titles or other "heritables" or "immoveables". Information recorded may include the death date, names of heirs and guardian, relationships, residences, inventories of the estate (including household goods), and names of witnesses. On the other hand, as there were very strict rules about the distribution of moveable property, there was no need to name a widow/widower or children, and often they are not named at all.
+Scotland has no 'probate' records - the term is 'confirmation.' The primary document is called a 'testament.'
-Essentially, a surviving spouse had to inherit a third, children a thoird and the deceased could dispose of a further third (the "deid's part") by a Latterwill or Legacie.&nbsp;There were further rules to complicate matters, but that's the essentials of it.
+== General Historical Background  ==
-These records are very helpful because&nbsp;they were recorded long before statutory birth, marriage, and death registration.
+Testaments are court records dealing with the distribution of a person’s estate after death. These records can be very helpful because they were recorded long before statutory birth, marriage, and death registration began in 1855. Testaments were made primarily by the middle and upper classes, most of whom were nobility, gentry, merchants, or tradesmen. However, they are a very valuable source not to be overlooked regardless of the social standing of your ancestors.
-Testaments were made primarily by the middle and upper classes, most of whom were nobility, gentry, merchants, or tradesmen. However,&nbsp;they are a very valuable source not to be overlooked.
+Information recorded in testaments may include the death date, names of heirs and guardian, relationships, residences, inventories of the estate (including household goods), and names of witnesses. On the other hand, as there were very strict rules about the distribution of 'moveable' property, there was no need to name a widow/widower or children, and often they are not named at all.
-=== General Historical Background  ===
+Essentially, a surviving spouse had to inherit a third, children a third and the deceased could dispose of a further third (the 'deid's part') by a 'latterwill' or 'legacie.'&nbsp;There were further rules to complicate matters, but that's the essentials of it.
-In Scotland before 1868, it was not possible to leave land to a person by using a will. It was only possible to give other types of property, known as moveable property, by means of a testament. There are two types of testaments:
-*If a person died leaving a testament that named an executor, the document confirming that executorship and the attached testament is called a Testament Testamentar. This will include a Latterwill or Legacie exprssing the deceased's wishes.
+=== Movable Property Only ===
+In Scotland before 1868, it was not possible to leave 'immoveable' property&nbsp;(land, buildings, titles or other 'heritables') to a person by using a will. It was only possible to give&nbsp;personal property, known as 'moveable' property, by means of a testament.
+There are two types of testaments:
+*If a person died leaving a testament that named an executor, the document confirming that executorship and the attached testament is called a 'testament testamentar.' This will include a 'latterwill' or 'legacie' expressing the deceased's wishes.
 *If a person died without leaving a testament and the court appointed an executor to administer the estate, then the confirming document is called a Testament Dative.
 *Both of these will also contain an Inventar (inventory of moveable property)
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 Cecil Sinclair. ''Tracing Your Scottish Ancestors: A Guide to Ancestry Research in the Scottish Record Office''. Edinburgh, Scotland: Her Magesty’s Stationery Office, 1990. (Family History&nbsp;Library&nbsp;book [http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=titlehitlist&columns=*%2C0%2C0&callno=941+D27s 941 D27s]).
 But bear in mind there was no compulsion to have a testament confirmed in any particular commissariat, and many chose to use the Edinburgh court (as the premier one). So it may be necessary to search them all.
 After about 1823 (the system took a few years to fully evolve), testaments were&nbsp;confirmed by commissariat departments within the sheriff courts. The boundaries of these courts’ jurisdictions are the same as the county boundaries, but the names of the courts are not necessarily the same as the names of the counties.
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 The Family History Library has microfilm copies of the commissariat court records to 1823 and some sheriff court records. To find these records, look in the Locality Search of the [http://www.familysearch.org/Eng/Library/FHLC/frameset_fhlc.asp Family History Library Catalog] under:
 Scotland -- Probate records (although Scotland has no legal concept of "probate", which means "proving" - in Scotland, it's Confirmation)
 Scotland, [County] -- Probate records
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 Scotland, [County] -- Probate records--Indexes
 From 1876-1936, these books can be located through the Family History Library catalog [http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=titlefilmnotes&columns=*%2C0%2C0&titleno=307501&disp=Calendar+of+confirmations+and+inventorie++]
 === Difficulties in Finding a&nbsp;Testament  ===
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 Return to the [https://wiki.familysearch.org/en/Portal:Scotland Scotland Portal page].
 {{Place|Scotland}}
 [[Category:Scotland|Probate Records]]