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| === Historical Background === | | === Historical Background === |
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| United States probate law derived from English common law and from Spanish community property law, depending on the state. Under English common law, a married woman could only make a will of real property with her husband's consent or with an antenuptial contract. Under Spanish community property law, property acquired while married belongs equally to husband and wife. Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, and Washington are community property states. Probate matters for the original English colonies were handled under English law. Some important sources for these colonial records are: | | United States probate law derived from English common law and from Spanish community property law, depending on the state. Under English common law, a married woman could only make a will of real property with her husband's consent or with an antenuptial contract. Under Spanish community property law, property acquired while married belongs equally to husband and wife. Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, and Washington are community property states. |
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| '''Proved in London'''<br>American wills and administrations proved in London have been abstracted and published multiple times. Each edition is listed here, as some are available online, while others are not. In addition, publishers included more detailed abstracts in some editions than others. The 2007 edition includes a place-name index that enables users to pluck out references to specific colonies or states:
| | Probate matters for the original English colonies were handled under English law. The [[American_Colonial_Probate_Records|American Colonial Probate Records]] article offers important sources for these colonial records. |
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| *Coldham, Peter Wilson. ''English Estates of American Colonists: American Wills and Administrations in the Prerogative Court of Canterbury, 1610-1699''. Baltimore: Genealogical Publishing Co., 1980. Digital version at [http://search.ancestry.com/search/db.aspx?dbid=48506 Ancestry] ($).
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| *Coldham, Peter Wilson. ''English Estates of American Colonists: American Wills and Administrations in the Prerogative Court of Canterbury, 1700-1799''. Baltimore: Genealogical Publishing Co., 1980. Digital version of 1991 reprint available at [http://search.ancestry.com/search/db.aspx?dbid=48554 Ancestry] ($).
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| *Coldham, Peter Wilson. ''English Estates of American Colonists: American Wills and Administrations in the Prerogative Court of Canterbury, 1800-1858''. Baltimore: Genealogical Publishing Co., 1981. Digital version at [http://search.ancestry.com/search/db.aspx?dbid=48507 Ancestry] ($).
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| *Coldham, Peter Wilson. ''American Wills & Administrations in the Prerogative Court of Canterbury, 1610-1857''. Baltimore, Md.: Genealogical Publishing Co., 1989. {{FHL|942 P27c}}; digital version at [http://search.ancestry.com/search/db.aspx?dbid=48453 Ancestry] ($). Lists over 4,800 wills with name, residence, relatives, and date.
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| *Coldham, Peter Wilson. ''American Wills Proved in London, 1611-1775''. Baltimore, Md.: Genealogical Publishing Co., 1992. {{FHL|973 P27ca}}; digital version at [http://search.ancestry.com/search/db.aspx?dbid=48497 Ancestry] ($). Abstracts over 6,800 wills showing name, residence, occupation, date, and relatives.
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| *Coldham, Peter Wilson. ''North American Wills Registered in London, 1611-1857''. Baltimore, Md.: Genealogical Publishing Co., 2007. {{FHL|942 P27c 2007}}
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| If you find a will abstract that interests you in Coldham's books, it is now possible to view digital images of the original Prerogative Court of Canterbury wills online at two United Kingdom pay-per-view websites:
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| *[http://www.nationalarchives.gov.uk/documentsonline/wills.asp Prerogative Court of Canterbury Wills (1384-1858)], courtesy: The National Archives, UK.
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| *[http://www.thegenealogist.co.uk/user/subscriptions.php#record_sets PCC Wills Index and Images (1384-1858)], courtesy: The Genealogist. (in progress)
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| '''Proved in Edinburgh'''<br>Other American wills were proved in Edinburgh, Scotland, see:
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| *Dobson, David. ''Scottish-American Wills, 1650-1900''. Baltimore, Maryland: Genealogical Publishing Company, 1991. {{FHL|973 P22}} Over 2,000 citations including name, occupation, residence, and date.
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| Most of these references were taken from the Commissariat Court of Edinburgh (now the Sheriff Court of Edinburgh) and the Index to Personal Estates of Defuncts, 1846-1866. If you find a will absrtact that interests you in Dobson's book, it is now possible to view digital images of the original records online at a United Kingdom pay-per-view website:
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| *[http://www.scotlandspeople.gov.uk/ Wills & Testaments (1513-1901)], courtesy: Scotlands People
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| === Sources === | | === Sources === |