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''[[United States]] > [[New York]] > New York Probate Records'' | ''[[United States]] > [[New York]] > New York Probate Records'' | ||
==== [[Image:Renselaer County Courthouse Unrestored.png|thumb|right|350px]] | ==== [[Image:Renselaer County Courthouse Unrestored.png|thumb|right|350px]] Record Overview<br> ==== | ||
Probate records are court records created after an individual’s death that relate to a court’s decisions regarding the distribution of the estate to the heirs or creditors and the care of any dependents. You may find the names of married daughters or other relatives and their residences; or information about the adoption or guardianship of minor children and dependents. Probate records do not always give an exact date of death, but the death usually occurred within four months of probate. These documents are important to family history researchers, because they usually exist for time periods before civil birth and death records were kept. | Probate records are court records created after an individual’s death that relate to a court’s decisions regarding the distribution of the estate to the heirs or creditors and the care of any dependents. You may find the names of married daughters or other relatives and their residences; or information about the adoption or guardianship of minor children and dependents. Probate records do not always give an exact date of death, but the death usually occurred within four months of probate. These documents are important to family history researchers, because they usually exist for time periods before civil birth and death records were kept. | ||
== History == | Probate records may include: petitions, wills, bonds, inventories, publications, accounts, divisions,claims, letters of administration, probate journals, probate packets, | ||
Other documents may include: adoption, deed, guardianship, legitimation of children, manumissions, apprenticeships, dower rights and releases, deeds, tax leins, land sold for back taxes, widow allowances, order of distribution, decree of heirship | |||
=== 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. | ||
== Published Probate Records == | === Jurisdictions === | ||
=== Availability === | |||
=== Published Probate Records === | |||
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: | ||
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The Family History Library has similar abstracts for many other counties on microfilm. | The Family History Library has similar abstracts for many other counties on microfilm. | ||
== Surrogate's Court Records == | === Repositories === | ||
==== 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''' ==== | ===== '''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. Since about 1830, a petition that lists names of heirs, relationships to the deceased, and residences is also included. These packets have been microfilmed and made available at the Family History Library for some counties of New York. | 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. Since about 1830, a petition that lists names of heirs, relationships to the deceased, and residences is also included. These packets have been microfilmed and made available at the Family History Library for some counties of New York. | ||
==== 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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*New York. Surrogate's Court (New York County). ''Probate Proceedings, 1830–1865.'' Salt Lake City, Utah: Genealogical Society of Utah, 1972. (On 228 Family History Library films.) The probate proceedings are arranged by month of final filing. This date can be found under the decedent's surname in the index to wills. The index to the wills from 1662–1910 is on Family History Library films [http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=titlefilmnotes&columns=*%2C0%2C0&titleno=273761&disp=Record+of+wills%2C+1665-1916%3B+index+++ 872164–69]). | *New York. Surrogate's Court (New York County). ''Probate Proceedings, 1830–1865.'' Salt Lake City, Utah: Genealogical Society of Utah, 1972. (On 228 Family History Library films.) The probate proceedings are arranged by month of final filing. This date can be found under the decedent's surname in the index to wills. The index to the wills from 1662–1910 is on Family History Library films [http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=titlefilmnotes&columns=*%2C0%2C0&titleno=273761&disp=Record+of+wills%2C+1665-1916%3B+index+++ 872164–69]). | ||
== Websites == | === Websites === | ||
http://www.sampubco.com/wills/ny/newyork.htm - Site is an Index of many thousands of Wills, however in some cases, the transcribed Will is on the USGenWeb Archive project site. A link is provided to that site. | http://www.sampubco.com/wills/ny/newyork.htm - Site is an Index of many thousands of Wills, however in some cases, the transcribed Will is on the USGenWeb Archive project site. A link is provided to that site. | ||
== References == | === References === | ||
''[http://www.familysearch.org/eng/Search/Rg/frameset_rg.asp?Dest=G1&Aid=&Gid=&Lid=&Sid=&Did=&Juris1=&Event=&Year=&Gloss=&Sub=&Tab=&Entry=&Guide=New_York.ASP New York Research Outline]. ''Salt Lake City, Utah: Intellectual Reserve, Inc., Family History Department, 1998, 2005. | ''[http://www.familysearch.org/eng/Search/Rg/frameset_rg.asp?Dest=G1&Aid=&Gid=&Lid=&Sid=&Did=&Juris1=&Event=&Year=&Gloss=&Sub=&Tab=&Entry=&Guide=New_York.ASP New York Research Outline]. ''Salt Lake City, Utah: Intellectual Reserve, Inc., Family History Department, 1998, 2005. | ||