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New York Probate Records: Difference between revisions
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'' | '''''[[United States Genealogy|United States]] [[Image:Gotoarrow.png]] [[New York Genealogy|New York]] [[Image:Gotoarrow.png]]'' Probate Records''' {{NY-sidebar}} | ||
[[Image:Renselaer County Courthouse Unrestored.png|thumb|right|350px|<center>Renselaer County Courthouse Unrestored<center></center>]] | [[Image:Renselaer County Courthouse Unrestored.png|thumb|right|350px|<center>Renselaer County Courthouse Unrestored<center></center>]] | ||
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New York has a complicated history regarding the recording of probates. Before 1787, probates were handled by a variety of courts whose jurisdictions changed often. | New York has a complicated history regarding the recording of probates. Before 1787, probates were handled by a variety of courts whose jurisdictions changed often. | ||
=== New Netherland Period === | |||
Until the 1680s, wills were probated by either notary publics or aldermen, according to Dutch law and custom. Unfortunately, the law did not require wills to be recorded at a public archive. The notaries kept these wills and other original legal documents (such as marriage contracts, guardianships, letters of apprenticeship, powers of attorney, contracts, and conveyances) in their personal custody. Some notarial records of persons in New Netherland (what is now New York and New Jersey) eventually ended up at the old Amsterdam Municipal Archives. | Until the 1680s, wills were probated by either notary publics or aldermen, according to Dutch law and custom. Unfortunately, the law did not require wills to be recorded at a public archive. The notaries kept these wills and other original legal documents (such as marriage contracts, guardianships, letters of apprenticeship, powers of attorney, contracts, and conveyances) in their personal custody. Some notarial records of persons in New Netherland (what is now New York and New Jersey) eventually ended up at the old Amsterdam Municipal Archives. | ||
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The orphanmaster's court records in the Netherlands (Europe) from the 1650s to 1852 are indexed. A few of these records touch on people who emigrated to New Netherland. They include settlements and divisions of estates with provision for minor children, appointments of guardians, copies of wills, and burial records. They are only available at the [http://stadsarchief.amsterdam.nl/english/home.en.html Stadsarchief Amsterdam] (city archives). | The orphanmaster's court records in the Netherlands (Europe) from the 1650s to 1852 are indexed. A few of these records touch on people who emigrated to New Netherland. They include settlements and divisions of estates with provision for minor children, appointments of guardians, copies of wills, and burial records. They are only available at the [http://stadsarchief.amsterdam.nl/english/home.en.html Stadsarchief Amsterdam] (city archives). | ||
=== New England Period === | |||
Many wills were recorded in deed books—particularly in English settlements in New Netherland, such as Gravesend and the eastern towns of Long Island outside Dutch jurisdiction. When the English took over, probates were initially under the jurisdiction of either the court of assizes or the courts of session. By 1686, the governor's prerogative court centralized the recording of probates. In the colonial era, the prerogative court usually probated wills and administrations. The governor, who functioned as the "ordinary" or "surrogate general," had the authority to probate estates. Because the governor could not personally oversee probates, he appointed local surrogates to act in his behalf. | Many wills were recorded in deed books—particularly in English settlements in New Netherland, such as Gravesend and the eastern towns of Long Island outside Dutch jurisdiction. When the English took over, probates were initially under the jurisdiction of either the court of assizes or the courts of session. By 1686, the governor's prerogative court centralized the recording of probates. In the colonial era, the prerogative court usually probated wills and administrations. The governor, who functioned as the "ordinary" or "surrogate general," had the authority to probate estates. Because the governor could not personally oversee probates, he appointed local surrogates to act in his behalf. | ||
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== Types of Probate Records == | == Types of Probate Records == | ||
=== Surrogate's Court Records === | |||
From May 1787 to the present, county surrogate's courts have recorded probates. However, the court of probates and court of chancery handled estates of deceased persons who died in one county but who owned property in another. An 1823 law mandated that all probates come under the jurisdiction of the county surrogate's courts. Each surrogate's court has a comprehensive index to all probate records, including the unrecorded probate packets. | From May 1787 to the present, county surrogate's courts have recorded probates. However, the court of probates and court of chancery handled estates of deceased persons who died in one county but who owned property in another. An 1823 law mandated that all probates come under the jurisdiction of the county surrogate's courts. Each surrogate's court has a comprehensive index to all probate records, including the unrecorded probate packets. | ||
=== Probate Packets === | |||
The most important probate record is the probate packet, or estate file. A much larger percentage of the New York population is represented in the estate files than in the will books. The file contains copies of all documents related to estate settlement, including will or administration, bond, and inventory. | The most important probate record is the probate packet, or estate file. A much larger percentage of the New York population is represented in the estate files than in the will books. The file contains copies of all documents related to estate settlement, including will or administration, bond, and inventory. | ||
=== Probate Petitions 1830 to Present === | |||
Since about 1830, a petition that lists names of heirs, date of death of the deceased, relationships to the deceased, and the heir's residences may be included. These packets can be found at the county courthouse. Some of these packets have been microfilmed and made available at the Family History Library for 29 counties of New York. | Since about 1830, a petition that lists names of heirs, date of death of the deceased, relationships to the deceased, and the heir's residences may be included. These packets can be found at the county courthouse. Some of these packets have been microfilmed and made available at the Family History Library for 29 counties of New York. | ||
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==== Recorded Records ==== | |||
Beginning in 1787, copies of probates have been recorded in books by the surrogate. The Family History Library has copies of will books and index books for most counties. For example, the Family History Library has New York County wills from 1665–1916 and an index to 1923 on 525 rolls of microfilm. The library also has microfilms of administrations books and guardianships for most counties. Most counties have consolidated estate index books, which index estate files, wills, administrations, letters testamentary, guardianships, administration bonds, guardian bonds, and so forth. If you need copies of documents from a surrogate court, be prepared to pay a large fee. | Beginning in 1787, copies of probates have been recorded in books by the surrogate. The Family History Library has copies of will books and index books for most counties. For example, the Family History Library has New York County wills from 1665–1916 and an index to 1923 on 525 rolls of microfilm. The library also has microfilms of administrations books and guardianships for most counties. Most counties have consolidated estate index books, which index estate files, wills, administrations, letters testamentary, guardianships, administration bonds, guardian bonds, and so forth. If you need copies of documents from a surrogate court, be prepared to pay a large fee. | ||
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The [[New York State Library]] has New York (State) Courts of Probate [http://nysl.nysed.gov/uhtbin/035-archives/(N-Ar)J0038 probated wills, 1665-1815]. The same are available on microfilm from the [[Family History Library]]. | The [[New York State Library]] has New York (State) Courts of Probate [http://nysl.nysed.gov/uhtbin/035-archives/(N-Ar)J0038 probated wills, 1665-1815]. The same are available on microfilm from the [[Family History Library]]. | ||
=== Published Materials === | |||
There are several helpful statewide and downstate indexes and transcripts to help you search pre-1823 wills and other probate records. Some are indexed by name of deceased persons, heirs, witnesses, executors, and administrators: | There are several helpful statewide and downstate indexes and transcripts to help you search pre-1823 wills and other probate records. Some are indexed by name of deceased persons, heirs, witnesses, executors, and administrators: | ||