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<big>[[Portal:Norway|'''''Norway''''']] </big>''<big>Probate Records</big>'' | <big>[[Portal:Norway|'''''Norway''''']] </big>''<big>Probate Records</big>'' | ||
<br>Probate records are court records that describe the distribution of people's estates after death. Information in the records | <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 ares the authorities began recording probate actions before the earliest birth and death redcords. It is also the record that can give us a more personal glimpse in to the life of an ancestor, because of the detailed description of personal property. A probate records was not created for every person that died. Information in the records usulally include the name and person's death date, his or her spouse, heirs, guardians for under age children, relationships, residences, estate inventory, and witnesses. | ||
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 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. | ||
From the 14th century, the foged (bailiff) was responsible for law enforcement in his jurisdiction. Late in the 16th century, the sorenskriver (scribe) in the bailiff's office was appointed to take care of probate cases and prepare the legal documents in connection with probates. Later, the title sorenskriver came to mean probate judge. | From the 14th century, the foged (bailiff) was responsible for law enforcement in his jurisdiction. Late in the 16th century, the sorenskriver (scribe) in the bailiff's office was appointed to take care of probate cases and prepare the legal documents in connection with probates. Later, the title sorenskriver came to mean probate judge. | ||
The probate record is a rich source of information about individuals and their place in society, especially after the 1650's, when this source is fairly abundant, and few other sources are available. | |||
Even before the unification of Norway (872 AD) some district had joinded together in a ''laug ''or ''lag ''(law) that later became known as a ''ting ''(court), where one could come in order to settle disagreements, bring forth complaints or to hear the law. | |||
=== The Probate Process === | === The Probate Process === | ||
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In the earlier days, it was customary to give 50 percent of the property to the surviving spouse and the other 50 percent to the children, with male children receiving twice as much as female children. This rule was later changed so that all children received equal amounts. If no spouse or children were living, the estate reverted to the deceased's father or his brother and sisters. If these relatives were unavailable, the estate reverted to the deceased person's mother or her brothers and sisters, then to the grandparents, and then to other remaining relatives. | In the earlier days, it was customary to give 50 percent of the property to the surviving spouse and the other 50 percent to the children, with male children receiving twice as much as female children. This rule was later changed so that all children received equal amounts. If no spouse or children were living, the estate reverted to the deceased's father or his brother and sisters. If these relatives were unavailable, the estate reverted to the deceased person's mother or her brothers and sisters, then to the grandparents, and then to other remaining relatives. | ||
The Norwegian law provided for the guardianship of children under 25. At the mother's death the father was appointed. At the father's death one of the brothers of the children was appointed if he was over the age of 25 (a person was considered a minor until that age). Next in line was the grandfather on the father's side, then the grandfather on the mother's side. After the grandfather, the next in line were the uncles on the father's side and then the uncles on the mother's side. If none of these persons were alive, then the nearest relatives on the father's side were appointed. If this was impossible, then the nearest relatives on the mother's side were appointed. If no relatives could be found, the government appointed some reliable persons as guardians for the children. | The Norwegian law provided for the guardianship of children under 25. At the mother's death the father was appointed. At the father's death one of the brothers of the children was appointed if he was over the age of 25 (a person was considered a minor until that age). Next in line was the grandfather on the father's side, then the grandfather on the mother's side. After the grandfather, the next in line were the uncles on the father's side and then the uncles on the mother's side. If none of these persons were alive, then the nearest relatives on the father's side were appointed. If this was impossible, then the nearest relatives on the mother's side were appointed. If no relatives could be found, the government appointed some reliable persons as guardians for the children. | ||
=== The Availability of Probate Records === | === The Availability of Probate Records === | ||