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Delaware Probate Records: Difference between revisions
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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 are created throughout the probate process. 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 [https://wiki.familysearch.org/en/United_States_Probate_Records United States Probate Records]. | 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 are created throughout the probate process. 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 [https://wiki.familysearch.org/en/United_States_Probate_Records United States Probate Records]. | ||
== History == | |||
Variations existed within counties as probate jurisdictions and county boundaries changed over the years. | Variations existed within counties as probate jurisdictions and county boundaries changed over the years. | ||
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State | State | ||
== State Statutes == | |||
Understanding the Delaware 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. | Understanding the Delaware 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. | ||
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Online digital versions of state statutes can often be found by conducting a search engine search for the term, "Delaware statutes." The following are examples of free, digital books related to Delaware probate laws: | Online digital versions of state statutes can often be found by conducting a search engine search for the term, "Delaware statutes." The following are examples of free, digital books related to Delaware probate laws: | ||
== Repositories == | |||
Local | Local | ||
Probate records in [[Delaware]] have been kept by the register of wills in each county from 1682 to the present. The Family History Library has probate indexes and records for all three counties, including wills, administrations, and guardian accounts to about 1850. Most of the original records are at the Delaware Public Archives. | Probate records in [[Delaware]] have been kept by the register of wills in each county from 1682 to the present. The Family History Library has probate indexes and records for all three counties, including wills, administrations, and guardian accounts to about 1850. Most of the original records are at the Delaware Public Archives. | ||
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Published county court records for the 1600s refer to many probate matters. These can be found in the Library Catalog Place Search under DELAWARE, [COUNTY] - COURT RECORDS | Published county court records for the 1600s refer to many probate matters. These can be found in the Library Catalog Place Search under DELAWARE, [COUNTY] - COURT RECORDS | ||
Wills, administrations, and guardian accounts to about 1850 are frequently listed in Orphans' Court records. A statewide index has been prepared to the year 1800: | Wills, administrations, and guardian accounts to about 1850 are frequently listed in Orphans' Court records. A statewide index has been prepared to the year 1800: Regional National | ||
Regional | |||
== Statewide Record Collection == | |||
=== Indexes === | === Indexes === | ||
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*Extracts of Delaware wills are at [http://www.ancestry.com www.ancestry.com] which is a subscription website. | *Extracts of Delaware wills are at [http://www.ancestry.com www.ancestry.com] which is a subscription website. | ||
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== 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) [http://www.familysearch.org/eng/library/education/frameset_education.asp?PAGE=education_research_series_online.asp%3FActiveTab=2 FamilySearch Research Classes Online], 2010.<br> | *Anne Roach, ''[https://fch.ldschurch.org/WWSupport/Courses/FamilyHistoryLibraryExport/Goldmine__Beyond_the_Court_Order_Book/Player.html Courthouse Records Overview]'' (35 minute online video) [http://www.familysearch.org/eng/library/education/frameset_education.asp?PAGE=education_research_series_online.asp%3FActiveTab=2 FamilySearch Research Classes Online], 2010.<br> | ||
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*Szucs, Loretto Dennis and Sandra Hargreaves Luebking, editors. ''The Source: A Guidebook to American Genealogy.'' Third edition. Salt Lake City, Utah: Ancestry, Inc., 2006. Of particular interest is the section, "Probate," pages 268 - 277. {{FHL|1211475|item}} | *Szucs, Loretto Dennis and Sandra Hargreaves Luebking, editors. ''The Source: A Guidebook to American Genealogy.'' Third edition. Salt Lake City, Utah: Ancestry, Inc., 2006. Of particular interest is the section, "Probate," pages 268 - 277. {{FHL|1211475|item}} | ||
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== References == | |||
*Eichholz, Alice, Editor. ''Redbook: American State, County, and Town Sources.'' Third Edition. Provo, Utah: Ancestry, 2004, 185. {{FHL|1185723|item}} | *Eichholz, Alice, Editor. ''Redbook: American State, County, and Town Sources.'' Third Edition. Provo, Utah: Ancestry, 2004, 185. {{FHL|1185723|item}} | ||