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<big>[[Norway|'''''Norway''''']] </big>''<big>Probate Records</big>'' | <big>[[Norway|'''''Norway''''']] </big>''<big>Probate Records</big>'' | ||
<br>Probate records are court records that describe the distribution of people's estates after death. These records are very helpful for genealogical research because in many areas the authorities began recording probate actions before the earliest birth and death records. It is also the record that can give us a more personal glimpse into the life of an ancestor because of the detailed description of personal property. | <br>Probate records are court records that describe the distribution of people's estates after death. These records are very helpful for genealogical research because in many areas the authorities began recording probate actions before the earliest birth and death records. It is also the record that can give us a more personal glimpse into the life of an ancestor because of the detailed description of personal property. | ||
Probate records were not created for every person that died. | Probate records were not created for every person that died. About 25% of the population had probates! Information in the records usually include: | ||
*the | *the person's name | ||
*occupation | *occupation | ||
*the dates the probate was started, (death date can be included, more often was not) | *the dates the probate was started, (death date can be included, more often was not) | ||
*name of | *name of surviving spouse | ||
*heirs | *heirs | ||
*guardians for under aged children (verge) | *guardians for under aged children (verge) | ||
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In these records whole families may be recorded, and in many probates long lists of heirs such as brothers, sisters, nephews, and nieces are shown, depending on the condition of a probate. | In these records whole families may be recorded, and in many probates long lists of heirs such as brothers, sisters, nephews, and nieces are shown, depending on the condition of a probate. | ||
Even though a probate record was not created for every person who died, the probate law of 1687 states that a probate was necessary if a parent died and left | Even though a probate record was not created for every person who died, the probate law of 1687 states that a probate was necessary if a parent died and left children that were under age. A child would have to be age 25 to be of age. An estate was often probated even if the children were of age. | ||
While probate records are some of the most accurate sources of genealogical information, the relationships noted in the records may not always have the same meaning today. For instance, a brother-in-law may be recorded as a brother because legally that made no difference in probating the estate. | While probate records are some of the most accurate sources of genealogical information, the relationships noted in the records may not always have the same meaning today. For instance, a brother-in-law may be recorded as a brother because legally that made no difference in probating the estate. | ||
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From these beginnings evolved fogderier (legal circuits), which today are known as domsogn or sorenskriveri (probate courts). | From these beginnings evolved fogderier (legal circuits), which today are known as domsogn or sorenskriveri (probate courts). | ||
The administrative official in a len (county) in the earlier centuries was the lensherre. Later an amtmann (county governor) was appointed by the king. His local functionary was the fogd or foged (bailiff), and the fogderi was his official district. The fogd became the official who collected taxes and enforced the law (politi og oppebørselsmann) | The administrative official in a len (county) in the earlier centuries was the lensherre. Later an amtmann (county governor) was appointed by the king. His local functionary was the fogd or foged (bailiff), and the fogderi was his official district. The fogd became the official who collected taxes and enforced the law (politi og oppebørselsmann). | ||
In the later part of the 16th century the scribe (sorenskriver) in the office of the fogd was appointed to take care of the legal division of an inheritance, or the settlement of an estate, and he prepared the probate documents as a probate clerk. | In the later part of the 16th century the scribe (sorenskriver) in the office of the fogd was appointed to take care of the legal division of an inheritance, or the settlement of an estate, and he prepared the probate documents as a probate clerk. | ||
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[http://www.disnorge.no/genress/index.php?todo=visKategori&kid=99999&PHPSESSID=e3832292c2191217aaefe1a4c663be42 http://www.disnorge.no/genress/index.php?todo=visKategori&kid=99999&PHPSESSID=e3832292c2191217aaefe1a4c663be42] | [http://www.disnorge.no/genress/index.php?todo=visKategori&kid=99999&PHPSESSID=e3832292c2191217aaefe1a4c663be42 http://www.disnorge.no/genress/index.php?todo=visKategori&kid=99999&PHPSESSID=e3832292c2191217aaefe1a4c663be42] | ||
=== History of the Norwegian Probate Records === | === History of the Norwegian Probate Records === | ||
Early on 12 | Early on 12 well respected men from the community, the ''sogn ''(parish) or ''herred ''(civil district - usually the same area as the parish), were appointed as members of the court, and they were, along with the bailiff, responsible for all cases, including probates. Late in the 16th century the ''sorenskriver'' or ''byskriver ''(scribe - sorenskriver in the rural communities - byskriver in the cities) were assigned to prepare the documents in connection with the probates, since most of the men in the community (many of them farmers) were not able to write, at least not extensively. Often an ordinary probate would be 20 pages or more. Later the sorenskriver took on more responsibility in the probate proceedings. He had a vote in the outcome until the title of Sorenskriver took on the meaning of Judge, and he made the final decisions. | ||
Most probate records start around 1687, when a law was written in order to have a more systematic, legal procedure and to better protect the rights of minor heirs. Some probate records start as a separate record earlier, but most of the probates of earlier dates were part of the general court records. Many probates were conductred privately, the heirs themselves dividing the property and paying the debts. The only probates that took place in court were when the heirs could not agree on the division, and it became a matter for the court to resolve the differences. | |||
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