3,967
edits
United States Probate Records (view source)
Revision as of 14:12, 27 September 2010
, 27 September 2010link to limitations article
No edit summary |
(link to limitations article) |
||
| Line 1: | Line 1: | ||
{{US-probate-sidebar}} | {{US-probate-sidebar}} | ||
<div style="float: right; width: 74%;"> | <div style="float: right; width: 74%;"> | ||
''[[United States|United States ]] [[Image:Gotoarrow.png]] [[ | ''[[United States|United States ]] [[Image:Gotoarrow.png]] [[United_States_Probate_Records|Probate Records]]'' | ||
=== Record Overview === | === Record Overview === | ||
| Line 11: | Line 11: | ||
Estates were probated for approximately 25 percent of the heads of households in the United States before 1900, whether or not the individual left a will. The percentage was higher for rural areas than for urban areas because of the greater likelihood of land ownership for farmers. Because wills often list the names of many family members, as much as half the population either left a will or was mentioned in one. <br> | Estates were probated for approximately 25 percent of the heads of households in the United States before 1900, whether or not the individual left a will. The percentage was higher for rural areas than for urban areas because of the greater likelihood of land ownership for farmers. Because wills often list the names of many family members, as much as half the population either left a will or was mentioned in one. <br> | ||
While probate records are one of the most accurate sources of genealogical evidence, they have [[United States Probate Limitations|limitations]]. <br> | |||
While probate records are one of the most accurate sources of genealogical evidence, they | |||
=== Jurisdiction === | === Jurisdiction === | ||
| Line 30: | Line 19: | ||
=== Historical Background === | === Historical Background === | ||
United States probate law derived from English common law and from Spanish community property law, depending on the state. Under English common law, a married woman could only make a will of real property with her husband's consent or with an antenuptial contract. Under Spanish community property law, property acquired while married belongs equally to husband and wife. Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, and Washington are community property states. | United States probate law derived from English common law and from Spanish community property law, depending on the state. Under English common law, a married woman could only make a will of real property with her husband's consent or with an antenuptial contract. Under Spanish community property law, property acquired while married belongs equally to husband and wife. Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, and Washington are community property states. | ||
Probate matters for the original English colonies were handled under English law. The [[ | Probate matters for the original English colonies were handled under English law. The [[American Colonial Probate Records|American Colonial Probate Records]] article offers important sources for these colonial records. | ||
=== Sources === | === Sources === | ||
| Line 42: | Line 31: | ||
*Szucs, Loretto Dennis and Sandra Hargreaves Luebking, editors. ''The Source.'' Third edition. Salt Lake City, Utah: Ancestry, Inc., 2006. Of particular interest is the section, "Probate," pages 268 - 277. | *Szucs, Loretto Dennis and Sandra Hargreaves Luebking, editors. ''The Source.'' Third edition. Salt Lake City, Utah: Ancestry, Inc., 2006. Of particular interest is the section, "Probate," pages 268 - 277. | ||
Many early probate records have been transcribed, indexed, and published. The Family History Library has statewide indexes or transcripts of large collections of wills that have been published for Alabama, Arkansas, Connecticut, Delaware, District of Columbia, Georgia, Indiana, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Mississippi, New Hampshire, New Jersey, New York, North Carolina, Ohio, Rhode Island, South Carolina, Tennessee, Virginia, and West Virginia. These are listed in the Place Search of the Family History Library Catalog. <br> | Many early probate records have been transcribed, indexed, and published. The Family History Library has statewide indexes or transcripts of large collections of wills that have been published for Alabama, Arkansas, Connecticut, Delaware, District of Columbia, Georgia, Indiana, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Mississippi, New Hampshire, New Jersey, New York, North Carolina, Ohio, Rhode Island, South Carolina, Tennessee, Virginia, and West Virginia. These are listed in the Place Search of the Family History Library Catalog. <br> | ||
== Testate Records vs. Intestate Records == | == Testate Records vs. Intestate Records == | ||
| Line 121: | Line 110: | ||
*[[Wisconsin Probate Records|Wisconsin]] | *[[Wisconsin Probate Records|Wisconsin]] | ||
*[[Wyoming Probate Records|Wyoming]] | *[[Wyoming Probate Records|Wyoming]] | ||
*[[ | *[[United_States_Probate_Records|United States]] | ||
|} | |} | ||
| Line 136: | Line 125: | ||
<div></div> | <div></div> | ||
__NOTOC__ <!-- Add Categories BELOW --> | __NOTOC__ <!-- Add Categories BELOW --> | ||
<div></div> | <div></div> [[Category:Record_Types_of_the_United_States]] [[Category:United_States]] [[Category:United_States_Probate_Records]] </div> | ||
[[Category:Record_Types_of_the_United_States]] [[Category:United_States]] [[Category:United_States_Probate_Records]] | |||