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→Probate Records in Norway
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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. | 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 districts had joined together in a ''laug or lau'' (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. | Even before the unification of Norway (872 AD) some districts had joined together in a ''laug'' or ''lau'' (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. | ||
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'''History of the Norwegian Probate Records''' <br>Early on twelve 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. They were, along with the bailiff, responsible for all court cases, including probates. Late in the 16th century the ''sorenskriver or byskriver'' (scribe- sorenskriver in the country communities – byskriver in the cities) were assigned to prepare the documents in connection with a probate, 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 twenty pages or more. Later the sorenskriver (scribe) took on more responsibility in the probate proceedings, and had a vote in the outcome, until the title of Sorenskriver took on the meaning of | '''History of the Norwegian Probate Records''' <br>Early on twelve 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. They were, along with the bailiff, responsible for all court cases, including probates. Late in the 16th century the ''sorenskriver'' or ''byskriver'' (scribe- ''sorenskriver'' in the country communities – ''byskriver'' in the cities) were assigned to prepare the documents in connection with a probate, 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 twenty pages or more. Later the ''sorenskriver'' (scribe) took on more responsibility in the probate proceedings, and 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 conducted privately, the heirs themselves dividing the property and paying the debts. The only probate that took place in court was when the heirs could not agree on the division, and it became a matter for the court to resolve the differences. | 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 conducted privately, the heirs themselves dividing the property and paying the debts. The only probate that took place in court was 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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The probate records prior to 1687 are usually fairly brief when compared to the ones after that year. | The probate records prior to 1687 are usually fairly brief when compared to the ones after that year. | ||
If a woman was pregnant at the time of the death of her husband, she had the right to keep possession of all belongings until after the birth of the child so that the newborn would be part of the division of the property. This is in Norwegian called | If a woman was pregnant at the time of the death of her husband, she had the right to keep possession of all belongings until after the birth of the child so that the newborn would be part of the division of the property. This is in Norwegian called ''uskiftet bo.'' | ||
The law provided very definitely who was to be the guardian for children if they were minors (under age 25). In the case that there were no relatives living in the area to look after the interest of the children, the court would appoint a guardian for them. | The law provided very definitely who was to be the guardian for children if they were minors (under age 25). In the case that there were no relatives living in the area to look after the interest of the children, the court would appoint a guardian for them. | ||
The surviving widow had to have a | The surviving widow had to have a ''laugverge'' (literally law-guardian, however he was more of a spokesman, since a woman could own property, and she made her own decisions regarding her property), to represent her during the proceedings. This was often a relative much after the same patterns as the guardian for children, her father, brother, uncle or cousin and so forth. However, a widow could choose her own spokesman. | ||
The oldest son in a family have what is called ''odelsrett'' (allodial birthright) to the property. If he for some reason should lose the property, he or his children can take it back if he can prove that he has | The oldest son in a family have what is called ''odelsrett'' (allodial birthright) to the property. If he for some reason should lose the property, he or his children can take it back if he can prove that he has ''odelsrett.'' He does not inherit the property free and clear. As far as value goes, he does not inherit more than his siblings. He has to either pay them off or give them part ownership in the property. | ||
If there were no children in a marriage, the property of the deceased reverted back to his or her family, the parents if they were living, or siblings, or their children. | If there were no children in a marriage, the property of the deceased reverted back to his or her family, the parents if they were living, or siblings, or their children. | ||
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The fee for the probate services was a small percentage of the value of the estate. The probate judge was paid well for his services. So was his scribe, the sheriff and the two appraisers that the court appointed to estimate the value of each item of the estate. These appraisers could not, according to the law, be related to the people affected by the probate. A fee also was paid for the ''stemplet papir'' (paper stamped with official mark) the probate was recorded on for the family to keep as their deed and proof of inherited property. There was also a small percentage allocated for support of the justice system (jail), and at various times for other official business. Sometimes these fees took enough out of the probate to make it a hardship for a family. And since the fees were paid “in kind” the nicest personal property often went to the officials. | The fee for the probate services was a small percentage of the value of the estate. The probate judge was paid well for his services. So was his scribe, the sheriff and the two appraisers that the court appointed to estimate the value of each item of the estate. These appraisers could not, according to the law, be related to the people affected by the probate. A fee also was paid for the ''stemplet papir'' (paper stamped with official mark) the probate was recorded on for the family to keep as their deed and proof of inherited property. There was also a small percentage allocated for support of the justice system (jail), and at various times for other official business. Sometimes these fees took enough out of the probate to make it a hardship for a family. And since the fees were paid “in kind” the nicest personal property often went to the officials. | ||
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'''Probate indexes'''<br>Most of the Norwegian probates are indexed. There are different kinds of indexes. The word for index in Norwegian is | '''Probate indexes'''<br>Most of the Norwegian probates are indexed. There are different kinds of indexes. The word for index in Norwegian is ''Register''. For some records the index was made at the time the record was made. These are often found in the back of the large probate book in which case it will say in the front of the book or in the back of the book, and then indexed by the first letter of a given name. Other typewritten indexes have been added later, also in strict alphabetical order by the first letter only. | ||
The card indexes made by the Norwegian archives are by far the best indexes. It is more like an extract arranged by the name of the farm a person lived on in a given parish. It usually include the name of the deceased and spouse, date of probate, page number in the actual record, names and sometimes ages of children, and the value of the estate. There is not a probate card index for all the farms, but check the FamilySearch Catalog and the Digital Archives for probate card indexes as they are well worth searching. | The card indexes made by the Norwegian archives are by far the best indexes. It is more like an extract arranged by the name of the farm a person lived on in a given parish. It usually include the name of the deceased and spouse, date of probate, page number in the actual record, names and sometimes ages of children, and the value of the estate. There is not a probate card index for all the farms, but check the FamilySearch Catalog and the Digital Archives for probate card indexes as they are well worth searching. | ||
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For the most part, people today are interested in the country communities; relatively few lived in the cities before the industrial revolution. However, if a person lived in a city, there are usually indexes by last name. | For the most part, people today are interested in the country communities; relatively few lived in the cities before the industrial revolution. However, if a person lived in a city, there are usually indexes by last name. | ||
The probate records were generated on the level of the''Lagrett or Sorenskriveri'' (District court). There are county maps, outlining the probate district in the probate section of the | The probate records were generated on the level of the''Lagrett'' or ''Sorenskriveri'' (District court). There are county maps, outlining the probate district in the probate section of the FamilySearch Wiki for Norway. The boundaries of these judicial districts have changed relatively little, because the boundaries were usually determined by natural geological features in the landscape. However, some areas have changed from one district to another, and as time passed and the population increased, some districts split in two. For example, the early judicial district called ''Gudbrandsdalen'', later split into North Gudbrandsdalen and South Gudbrandsdalen. | ||
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'''Prosti'''<br>An ecclesiastical probate jurisdiction, on the level of Prosi (deanery) was set up for the clergy, sextons and schoolteachers in 1661. From 1736 the School teacher and the parish clerk in a rural parish was usually the same person. This changed over time – different time, in different parishes. This separate probate record was terminated around 1809, some districts continuing the practice a little later. These probate records are available on microfilm at the Family History Library as well as online at Digital Archives. | '''Prosti'''<br>An ecclesiastical probate jurisdiction, on the level of ''Prosi'' (deanery) was set up for the clergy, sextons and schoolteachers in 1661. From 1736 the School teacher and the parish clerk in a rural parish was usually the same person. This changed over time – different time, in different parishes. This separate probate record was terminated around 1809, some districts continuing the practice a little later. These probate records are available on microfilm at the Family History Library as well as online at Digital Archives. | ||
The parish priest usually did not own the farm where he lived while serving as the priest. When he died the next priest would move to the priest farm. This could cause a problem for his widow if he did not have other properties where she could go. In some cases the new priest would marry the widow of the previous priest and in some cases a farm would be designated for widows of priest that had passed away. | The parish priest usually did not own the farm where he lived while serving as the priest. When he died the next priest would move to the priest farm. This could cause a problem for his widow if he did not have other properties where she could go. In some cases the new priest would marry the widow of the previous priest and in some cases a farm would be designated for widows of priest that had passed away. | ||