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}}
'''''[[United States Genealogy|United States]] [[Image:Gotoarrow.png]] [[New York Genealogy|New York]] [[Image:Gotoarrow.png]]'' Probate Records''' {{NY-sidebar}}
=== Online Resources ===
*[http://search.ancestry.com/search/db.aspx?dbid=8800 New York, Wills and Probate Records, 1659-1999], ($), Index and images, incomplete.
*[http://ldsgenealogy.com/NY/Probate-Records.htm New York Probate Records], by county
*[http://search.ancestry.com/search/db.aspx?dbid=6393 New York Wills, 1626-1836] ($)
*{{RecordSearch|1920234|New York, Probate Records, 1629-1971}} Browse images only.
*[http://www.americanancestors.org/databases/new-york-abstracts-of-new-york-county-wills-1662-1801/about/?filterQuery=databasename:New%20York New York: Abstracts of New York County Wills, 1662-1801] ($)
*[http://search.ancestry.com/search/db.aspx?dbid=60379 New York, Estate Inventories and Accounts, 1666-1822], ($), index/images
*[http://www.americanancestors.org/databases/abstracts-of-wills-admins-and-guardianships-in-ny-state-1787-1835/about/?filterQuery=databasename:Abstracts%20of%20wills Abstracts of Wills, Admins. and Guardianships in NY State, 1787-1835] ($)
*[http://www.sampubco.com/wills/ny/newyork.htm SAMPUBCO New York Counties Will Testators Indexes]


[[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>]]  


== Record Synopsis  ==
=== 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.”<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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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  ===


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.  
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When the court of chancery was abolished in 1847, its records were also sent to the court of appeals of Albany. In the 1960s, these and many records of the New York County Surrogate's Court were sent to The Historical Documents Collection at Queens College, where they were later microfilmed. The court of appeals documents have since been transferred back to Albany to the New York State Archives. These records are now at the state archives as Records of the New York Court of Probates and its Colonial Predecessors, 1664–1823. The collection contains wills, 1671–1815; accounts, 1666–1823; and administrations, 1700–1823. The records of the First Circuit Chancery Court are still at the New York County Courthouse, Office of the City Clerk.
When the court of chancery was abolished in 1847, its records were also sent to the court of appeals of Albany. In the 1960s, these and many records of the New York County Surrogate's Court were sent to The Historical Documents Collection at Queens College, where they were later microfilmed. The court of appeals documents have since been transferred back to Albany to the New York State Archives. These records are now at the state archives as Records of the New York Court of Probates and its Colonial Predecessors, 1664–1823. The collection contains wills, 1671–1815; accounts, 1666–1823; and administrations, 1700–1823. The records of the First Circuit Chancery Court are still at the New York County Courthouse, Office of the City Clerk.


== State Statutes  ==
=== State Statutes  ===


Understanding the New York 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.  
Understanding the New York 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.  
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==== Recorded Records  ====
=== 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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*[http://www.sampubco.com/wills/ny/newyork.htm SAMPUBCO] - Index of testators of many thousands of Wills.
*[http://www.sampubco.com/wills/ny/newyork.htm SAMPUBCO] - Index of testators of many thousands of Wills.


== How to Obtain Probate Records  ==
=== How to Obtain Probate Records  ===


William Applebie Daniel Eardeley abstracted wills, administrations, and guardanships for most of New York State for the period 1787 to 1835. His abstracts are held at the Brooklyn Historical Society. They have been digitized by [http://newyorkancestors.org/ New York Ancestors], where they may be searched and viewed for a fee.  
William Applebie Daniel Eardeley abstracted wills, administrations, and guardanships for most of New York State for the period 1787 to 1835. His abstracts are held at the Brooklyn Historical Society. They have been digitized by [http://newyorkancestors.org/ New York Ancestors], where they may be searched and viewed for a fee.  
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*[[New York, Queens County Probate Records (FamilySearch Historical Records)]]
*[[New York, Queens County Probate Records (FamilySearch Historical Records)]]


== References ==
=== References ===
{{reflist}} {{New York|New York}} {{-}} {{featured article}} </div>  
{{reflist}} {{New York|New York}} {{-}} {{featured article}} </div>  
[[Category:New_York, United States|Probate Records]][[Category:United States Probate Records]]
[[Category:New_York, United States|Probate Records]][[Category:United States Probate Records]]
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