United States Probate Limitations

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Limitations of a will

Give an explanation of how to overcome each of these.

When analyzing a will record, be aware of the following potential problems:

• The spouse mentioned in the will may not be the mother of the children mentioned in the will
• The will may omit a deceased child
• The will may omit a child who already received their inheritance
• Maiden names of female spouses are not usually mentioned
• Children are not always listed in birth order; sons may be listed before the daughters 
• No every-name index for those listed in the will
• May have a problem with punctuation--Mary Beth, one name or two?
• Sometimes cannot determine the difference between married and middle names
• Relationships may be misleading
  

  Uncle/aunt may be spouses

  Cousin may mean nephew/neice

  In early wills, son-in-law could mean step son or nephew could mean grandson

  Brother and sister may mean brother and sister in the gospel

Limitations of probate records

• Not everyone left a will
• Not all relatives are listed--usually only the wife and children
• Date of death is usually not given
• Indexes usually list testator, not heirs or beneficiaries
• Information on the residence of relatives is rare