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== Types of Probate Records == | == Types of Probate Records == | ||
'''Will'''. Technically, a will conveys real (immovable) property to heirs after an individual’s death. A registered will is an official copy made by a court clerk. | '''Will'''. Technically, a will conveys real (immovable) property to heirs after an individual’s death. A registered will is an official copy made by a court clerk. | ||
'''Testament'''. A testament conveys personal (moveable) property to heirs. The term will eventually referred to both a will and a testament. | '''Testament'''. A testament conveys personal (moveable) property to heirs. The term will eventually referred to both a will and a testament. | ||
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'''Codicil'''. A codicil is a signed, witnessed addition to a will. | '''Codicil'''. A codicil is a signed, witnessed addition to a will. | ||
'''Administration, Letters of Administration, or Admon'''. These refer to a document appointing someone to supervise the estate’s distribution for someone who died "intestate" (without a will). This document gives very little information but may contain some useful clues. The administrator is usually a relative of the deceased. | '''Administration, Letters of Administration, or Admon'''. These refer to a document appointing someone to supervise the estate’s distribution for someone who died "intestate" (without a will). This document gives very little information but may contain some useful clues. The administrator is usually a relative of the deceased. ([[Image:Letter of Administration.pdf|Click here to open a sample Letter of Administration]]) | ||
'''Admon with Will'''. This record grants administration to someone else when the executor named in the will is deceased or is unwilling or unable to act as executor. A copy of the will is attached. | '''Admon with Will'''. This record grants administration to someone else when the executor named in the will is deceased or is unwilling or unable to act as executor. A copy of the will is attached. | ||
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'''Act Book'''. An act book contains day-by-day accounts of court actions, usually giving brief details of the probate matters dealt with. In the absence of indexes, these books help locate desired documents. | '''Act Book'''. An act book contains day-by-day accounts of court actions, usually giving brief details of the probate matters dealt with. In the absence of indexes, these books help locate desired documents. | ||
'''Bond'''. A bond is a written guarantee that a person will faithfully perform the tasks assigned to him by a probate court. The executor posted a testamentary bond, the administrator posted an administration bond, and the guardian of a minor child posted a bond of tuition or curation. | '''Bond'''. A bond is a written guarantee that a person will faithfully perform the tasks assigned to him by a probate court. The executor posted a testamentary bond, the administrator posted an administration bond, and the guardian of a minor child posted a bond of tuition or curation. | ||
== General Historical Background == | == General Historical Background == | ||