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fixed punctuation error
Judy.dewey (talk | contribs) (Original language: Various types of records are created throughout the probate process. Changed to read "Various types of records can be found in probate files" because wills are found in probate files; wills are never created during the probate process.) |
Judy.dewey (talk | contribs) (fixed punctuation error) |
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| link1=[[United States Genealogy|United States]] | | link1=[[United States Genealogy|United States]] | ||
| link2=[[United States Probate Records|U.S. Probate Records]] | | link2=[[United States Probate Records|U.S. Probate Records]] | ||
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{{Adoption Indiana Genealogical Society}} | {{Adoption Indiana Genealogical Society}} | ||
=== Online Resources === | ===Online Resources=== | ||
*'''1798 – 1999''' [http://search.ancestry.com/search/db.aspx?dbid=9045 Indiana Wills and Probate Records 1798-1999] at [http://home.ancestry.com/ Ancestry.com] — index and images '''$''' | *'''1798 – 1999''' [http://search.ancestry.com/search/db.aspx?dbid=9045 Indiana Wills and Probate Records 1798-1999] at [http://home.ancestry.com/ Ancestry.com] — index and images '''$''' | ||
*[http://www.deathindexes.com/indiana/ Deathindexes.com] provides links to several Indiana probate records. | *[http://www.deathindexes.com/indiana/ Deathindexes.com] provides links to several Indiana probate records. | ||
*[http://search.ancestry.com/search/db.aspx?dbid=9045 Indiana, Wills and Probate Records, 1798-1999], ($), index and images, incomplete. | *[http://search.ancestry.com/search/db.aspx?dbid=9045 Indiana, Wills and Probate Records, 1798-1999], ($), index and images, incomplete. | ||
<br> | <br> | ||
=== 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> Various types of records can be found in probate files. These may include | 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 types of records can 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. 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|United States Probate Records]]. | ||
=== History | ===History=== | ||
Until statehood, the following courts had jurisdiction: | Until statehood, the following courts had jurisdiction: | ||
*Probate Court (1790–1805), | *Probate Court (1790–1805), | ||
*Orphans Court (1795– 1805), | *Orphans Court (1795– 1805), | ||
*Court of Common Pleas (1806–1813), | *Court of Common Pleas (1806–1813), | ||
*Circuit Court (1814–1816). | *Circuit Court (1814–1816). | ||
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In 1829 a separate Probate Court was legislated and, with it, separate Probate Order Books. This court was replaced in 1853 with the Court of Common Pleas. It was abolished in 1873 and its jurisdiction was transferred to the Circuit Court. Many Order Books continued sequential numbering. For most counties, the court with probate jurisdiction has been the Circuit Court. Certain exceptions exist. Superior Courts in Lake, Laporte and Porter counties, for example, have had probate jurisdiction since 1899, and separate Probate Courts were created in Marion (1907), Vanderburgh (1919), and St. Joseph (1945) counties. | In 1829 a separate Probate Court was legislated and, with it, separate Probate Order Books. This court was replaced in 1853 with the Court of Common Pleas. It was abolished in 1873 and its jurisdiction was transferred to the Circuit Court. Many Order Books continued sequential numbering. For most counties, the court with probate jurisdiction has been the Circuit Court. Certain exceptions exist. Superior Courts in Lake, Laporte and Porter counties, for example, have had probate jurisdiction since 1899, and separate Probate Courts were created in Marion (1907), Vanderburgh (1919), and St. Joseph (1945) counties. | ||
=== State Statutes | ===State Statutes=== | ||
Understanding the Indiana 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, "Indiana statutes."<br> | Understanding the Indiana 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, "Indiana statutes."<br> | ||
=== Repositories | ===Repositories=== | ||
==== Local | ====Local==== | ||
==== Regional | ====Regional==== | ||
==== National | ====National==== | ||
The Family History Library has microfilmed Probate Order Books and Probate Complete Order Books for over half of the counties in Indiana. Do not overlook the ''Complete, or Final, Probate Order Book''. When an estate was settled, the clerk copied into these ledgers all the original papers, including bonds, wills, inventories, sale bills, settlements, and distribution of assets. | The Family History Library has microfilmed Probate Order Books and Probate Complete Order Books for over half of the counties in Indiana. Do not overlook the ''Complete, or Final, Probate Order Book''. When an estate was settled, the clerk copied into these ledgers all the original papers, including bonds, wills, inventories, sale bills, settlements, and distribution of assets. | ||
=== Statewide Record Collections | ===Statewide Record Collections=== | ||
=== Learn More | ===Learn More=== | ||
*Anne Roach, ''[https://fch.ldschurch.org/WWSupport/Courses/FamilyHistoryLibraryExport/Goldmine__Beyond_the_Court_Order_Book/Player.html Courthouse Records Overview]'' (35 minute online video) | *Anne Roach, ''[https://fch.ldschurch.org/WWSupport/Courses/FamilyHistoryLibraryExport/Goldmine__Beyond_the_Court_Order_Book/Player.html Courthouse Records Overview]'' (35 minute online video) | ||
*[https://www.familysearch.org/learningcenter/home.html FamilySearch Research Classes Online], 2010. | *[https://www.familysearch.org/learningcenter/home.html FamilySearch Research Classes Online], 2010. | ||
*Eichholz, Alice, Editor. ''Redbook: American State, County, and Town Sources.'' Third Edition. Provo, Utah: Ancestry, 2004, p. 210. {{FHL|1185723|item}} | *Eichholz, Alice, Editor. ''Redbook: American State, County, and Town Sources.'' Third Edition. Provo, Utah: Ancestry, 2004, p. 210. {{FHL|1185723|item}} | ||
*Rose, Christine.''Courthouse Research for Family Historians: Your Guide to Genealogical Treasures.'' San Jose, California: CR Publications, 2004. {{FHL|1202197|item}} | *Rose, Christine.''Courthouse Research for Family Historians: Your Guide to Genealogical Treasures.'' San Jose, California: CR Publications, 2004. {{FHL|1202197|item}} | ||
==== Published Materials | ====Published Materials==== | ||
*Franklin, Charles M. ''Index to Indiana Wills: Phase 1, through 1850; Phase 2, 1850 through 1880''. Two volumes. Indianapolis, Indiana: Heritage House, 1986-1987. This provides name, year, county, volume, and page. {{FHL|452121|item}} | *Franklin, Charles M. ''Index to Indiana Wills: Phase 1, through 1850; Phase 2, 1850 through 1880''. Two volumes. Indianapolis, Indiana: Heritage House, 1986-1987. This provides name, year, county, volume, and page. {{FHL|452121|item}} | ||
*Heiss, Willard, et al. editors. ''Indiana Source Book: Genealogical Material from the Hoosier Genealogist.'' 10 volumes to date. Indianapolis, Indiana: Indiana Historical Society, Family History Section, 1977-. {{FHL|360073|item}} These volumes include transcripts of wills and other records appearing in this periodical from 1961 - 1996. | *Heiss, Willard, et al. editors. ''Indiana Source Book: Genealogical Material from the Hoosier Genealogist.'' 10 volumes to date. Indianapolis, Indiana: Indiana Historical Society, Family History Section, 1977-. {{FHL|360073|item}} These volumes include transcripts of wills and other records appearing in this periodical from 1961 - 1996. | ||
*Moudy, Vera Mae (Ginder). ''Directory, Wills and Estate Information in Genealogy Dept., Indiana State Library''. Indianapolis, Indiana: Ye Olde Genealogie Shoppe, 1981. This is a county-by-county list of books and films at the Indiana State Library. {{FHL|418740|item}} | *Moudy, Vera Mae (Ginder). ''Directory, Wills and Estate Information in Genealogy Dept., Indiana State Library''. Indianapolis, Indiana: Ye Olde Genealogie Shoppe, 1981. This is a county-by-county list of books and films at the Indiana State Library. {{FHL|418740|item}} | ||
==== Websites | ====Websites==== | ||
*[http://www.deathindexes.com/indiana/ Deathindexes.com] provides links to several Indiana probate records. | *[http://www.deathindexes.com/indiana/ Deathindexes.com] provides links to several Indiana probate records. | ||
==== References | ====References==== | ||
<references /> | <references /> | ||
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{{Indiana|Indiana}} | {{Indiana|Indiana}} | ||
[[Category:Indiana, United States|Probate]] [[Category: | [[Category:Indiana, United States|Probate]] | ||
[[Category:United States Probate Records|Indiana]] | |||