Massachusetts Probate Records: Difference between revisions

Under "Record Synopsis," changed "Various type of records are created throughout the probate process." to correctly read "Various records may be found in probate files." Wills are found in probate files but they are not created during the probate process.
m (Text replacement - " (FamilySearch Historical Records)]]" to " - FamilySearch Historical Records]]")
(Under "Record Synopsis," changed "Various type of records are created throughout the probate process." to correctly read "Various records may be found in probate files." Wills are found in probate files but they are not created during the probate process.)
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=== Online Resources ===
===Online Resources===
*[https://www.americanancestors.org/index.aspx Massachusetts Probate Records], index and images.  
 
*[http://search.ancestry.com/search/db.aspx?dbid=9069 Massachusetts, Wills and Probate Records, 1635-1991], ($), index and images, incomplete.  
*[https://www.americanancestors.org/index.aspx Massachusetts Probate Records], index and images.
*[https://familysearch.org/search/collection/2018320 Massachusetts, Plymouth County, Probate Records, 1633-1967], images/no index.  
*[http://search.ancestry.com/search/db.aspx?dbid=9069 Massachusetts, Wills and Probate Records, 1635-1991], ($), index and images, incomplete.
*{{RecordSearch|1918549|Massachusetts, Plymouth County, Probate Estate Files, 1686-1915}} Images only.  
*[https://familysearch.org/search/collection/2018320 Massachusetts, Plymouth County, Probate Records, 1633-1967], images/no index.
*{{RecordSearch|1918549|Massachusetts, Plymouth County, Probate Estate Files, 1686-1915}} Images only.
*[http://search.ancestry.com/search/db.aspx?dbid=3223&cj=1&netid=cj&o_xid=0002703009&o_lid=0002703009&o_sch=Affiliate+External Mayflower Deeds and Probates, 1600-1850], ($), index/images
*[http://search.ancestry.com/search/db.aspx?dbid=3223&cj=1&netid=cj&o_xid=0002703009&o_lid=0002703009&o_sch=Affiliate+External Mayflower Deeds and Probates, 1600-1850], ($), index/images
*'''1635 – 1991''' [http://search.ancestry.com/search/db.aspx?dbid=9069 Massachusetts Wills and Probate Records 1635-1991] at [http://search.ancestry.com/ Ancestry.com] — index and images $
*'''1635 – 1991''' [http://search.ancestry.com/search/db.aspx?dbid=9069 Massachusetts Wills and Probate Records 1635-1991] at [http://search.ancestry.com/ Ancestry.com] — index and images $
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*'''1793 – 1900''' [http://search.ancestry.com/search/db.aspx?dbid=5656 Norfolk County, Massachusetts Probate Index 1793-1900] at [http://home/ancestry.com Ancestry.com] — index $
*'''1793 – 1900''' [http://search.ancestry.com/search/db.aspx?dbid=5656 Norfolk County, Massachusetts Probate Index 1793-1900] at [http://home/ancestry.com Ancestry.com] — index $


=== 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>  


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 records may be found in probate files. 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===


Probate records were under the jurisdiction of the general court and the county courts until probate courts were established in 1692. Probate courts exercised exclusive jurisdiction over guardianships, adoptions, probates of wills, and administration of estates. The original records are at county courthouses.  
Probate records were under the jurisdiction of the general court and the county courts until probate courts were established in 1692. Probate courts exercised exclusive jurisdiction over guardianships, adoptions, probates of wills, and administration of estates. The original records are at county courthouses.  
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Records of cases that were appealed are in the office of the clerk of the Supreme Judicial Court.  
Records of cases that were appealed are in the office of the clerk of the Supreme Judicial Court.  


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


=== Repositories ===
===Repositories===


==== Local ====
====Local====


*The Massachusetts State Archives
*The Massachusetts State Archives
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*The [[New England Historic Genealogical Society]] located in the heart of downtown Boston, Massachusetts has Massachusetts probate records available on microfilm. To search their online library catalog click [http://library.nehgs.org/ Here].
*The [[New England Historic Genealogical Society]] located in the heart of downtown Boston, Massachusetts has Massachusetts probate records available on microfilm. To search their online library catalog click [http://library.nehgs.org/ Here].


=== Regional ===
===Regional===


=== National ===
===National===


*The [[Family History Library|Family History Library]]&nbsp;located in Salt Lake City, Utah has an excellent collection of Massachusetts probate records and indexes through 1880 or 1900 available on microfilm. These include probate dockets, wills, inventories, accounts, administrations, and guardianship records. For collection details see the [https://familysearch.org/catalog-search FamilySearch Catalog].&nbsp;Use the "Place Search" option to search for a specific Massachusetts county. Then look for&nbsp;topics labeled "Probate Records" or "Guardianship."
*The [[Family History Library|Family History Library]]&nbsp;located in Salt Lake City, Utah has an excellent collection of Massachusetts probate records and indexes through 1880 or 1900 available on microfilm. These include probate dockets, wills, inventories, accounts, administrations, and guardianship records. For collection details see the [https://familysearch.org/catalog-search FamilySearch Catalog].&nbsp;Use the "Place Search" option to search for a specific Massachusetts county. Then look for&nbsp;topics labeled "Probate Records" or "Guardianship."


=== Statewide Record Collections ===
===Statewide Record Collections===


*Hall, Prescott F. ''Reference Lists of Wills Construed by the Supreme Judicial Court of Massachusetts, Including the Cases in Quincy and From Vol. 1 to Vol. 165 of the Massachusetts Reports''. Boston: George B. Reed, 1896.&nbsp;This 28 page booklet&nbsp;provides a listing of&nbsp;wills construed by the Supreme Judical Court of Massachusetts.&nbsp;&nbsp;The list includes date of probate, name of testator, date of death, county of trial, and case reference. A digital version of this book is available online at [http://ia700100.us.archive.org/BookReader/BookReaderImages.php?zip=/18/items/referencelistwi00massgoog/referencelistwi00massgoog_jp2.zip&file=referencelistwi00massgoog_jp2/referencelistwi00massgoog_0001.jp2&scale=3.8474747474747475&rotate=0 Internet Archive].
*Hall, Prescott F. ''Reference Lists of Wills Construed by the Supreme Judicial Court of Massachusetts, Including the Cases in Quincy and From Vol. 1 to Vol. 165 of the Massachusetts Reports''. Boston: George B. Reed, 1896.&nbsp;This 28 page booklet&nbsp;provides a listing of&nbsp;wills construed by the Supreme Judical Court of Massachusetts.&nbsp;&nbsp;The list includes date of probate, name of testator, date of death, county of trial, and case reference. A digital version of this book is available online at [http://ia700100.us.archive.org/BookReader/BookReaderImages.php?zip=/18/items/referencelistwi00massgoog/referencelistwi00massgoog_jp2.zip&file=referencelistwi00massgoog_jp2/referencelistwi00massgoog_0001.jp2&scale=3.8474747474747475&rotate=0 Internet Archive].
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*Simmons, C.H. ''Plymouth Colony Records''. Camden, Maine: Picton Press, c1996. {{FHL|759465|item|disp=FHL book 974.4 R2s}} This book is comprised of two volumes: Vol.1 Wills and Inventories, 1633-1669, and Vol. 2 Wills, 1654-1669.
*Simmons, C.H. ''Plymouth Colony Records''. Camden, Maine: Picton Press, c1996. {{FHL|759465|item|disp=FHL book 974.4 R2s}} This book is comprised of two volumes: Vol.1 Wills and Inventories, 1633-1669, and Vol. 2 Wills, 1654-1669.


=== Learn More ===
===Learn More===


=== Published Materials ===
===Published Materials===


*Melnyk, Marcia D. ''Genealogist's Handbook for New England Research'', Fourth edition. Boston, Massachusetts: New England Historic Genealogical Society, 1999. {{FHL|712264|item|disp=FHL book 974 D27g}}. ([http://www.worldcat.org/title/genealogists-handbook-for-new-england-research/oclc/42829198&referer=brief_results WorldCat])
*Melnyk, Marcia D. ''Genealogist's Handbook for New England Research'', Fourth edition. Boston, Massachusetts: New England Historic Genealogical Society, 1999. {{FHL|712264|item|disp=FHL book 974 D27g}}. ([http://www.worldcat.org/title/genealogists-handbook-for-new-england-research/oclc/42829198&referer=brief_results WorldCat])
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*Smith, William L. ''The Practice in Proceedings in the Probate Courts of Massachusetts, With an Appendix of Uniform Forms and Rules Approved by the Supreme Judicial Court.'' Sixth editon. Revised by John E. Abbott. Boston: Little, Brown and Company, 1903. A digital version of this book is available online at [http://www.archive.org/stream/proceedingsinpr00smit#page/n5/mode/2up Internet Archive].
*Smith, William L. ''The Practice in Proceedings in the Probate Courts of Massachusetts, With an Appendix of Uniform Forms and Rules Approved by the Supreme Judicial Court.'' Sixth editon. Revised by John E. Abbott. Boston: Little, Brown and Company, 1903. A digital version of this book is available online at [http://www.archive.org/stream/proceedingsinpr00smit#page/n5/mode/2up Internet Archive].


=== Websites ===
===Websites===


*[http://www.mass.gov/courts/index.html Massachusetts Court System]. For information about the Massachusetts Probate and Family Court Department click [http://www.mass.gov/courts/courtsandjudges/courts/probateandfamilycourt/ Here].
*[http://www.mass.gov/courts/index.html Massachusetts Court System]. For information about the Massachusetts Probate and Family Court Department click [http://www.mass.gov/courts/courtsandjudges/courts/probateandfamilycourt/ Here].
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[[Massachusetts, Plymouth County Probate Files - FamilySearch Historical Records]]  
[[Massachusetts, Plymouth County Probate Files - FamilySearch Historical Records]]  


=== References ===
===References===


<references />{{Massachusetts|Massachusetts}}  
<references />{{Massachusetts|Massachusetts}}  


[[Category:Massachusetts, United States|Probate]][[Category:United States Probate Records]]
[[Category:Massachusetts, United States|Probate]]
[[Category:United States Probate Records]]
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