United States Probate Records: Difference between revisions

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Estates were probated for approximately 25 percent of the heads of households in the United States before 1900, whether or not the individual left a will. The percentage was higher for rural areas than for urban areas because of the greater likelihood of land ownership for farmers. Because wills often list the names of many family members, as much as half the population either left a will or was mentioned in one. <br>  
Estates were probated for approximately 25 percent of the heads of households in the United States before 1900, whether or not the individual left a will. The percentage was higher for rural areas than for urban areas because of the greater likelihood of land ownership for farmers. Because wills often list the names of many family members, as much as half the population either left a will or was mentioned in one. <br>  


While probate records are one of the most accurate sources of genealogical evidence, they have [[United States Probate Limitations|limitations]]. <br>
While probate records are one of the most accurate sources of genealogical evidence, they have [[United States Probate Limitations|limitations]]. <br>  


=== Jurisdiction  ===
=== Jurisdiction  ===
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*Szucs, Loretto Dennis and Sandra Hargreaves Luebking, editors. ''The Source: A Guidebook to American Genealogy.'' Third edition. Salt Lake City, Utah: Ancestry, Inc., 2006. Of particular interest is the section, "Probate," pages 268 - 277.
*Szucs, Loretto Dennis and Sandra Hargreaves Luebking, editors. ''The Source: A Guidebook to American Genealogy.'' Third edition. Salt Lake City, Utah: Ancestry, Inc., 2006. Of particular interest is the section, "Probate," pages 268 - 277.


Many early probate records have been transcribed, indexed, and published. The Family History Library has statewide indexes or transcripts of large collections of wills that have been published for Alabama, Arkansas, Connecticut, Delaware, District of Columbia, Georgia, Indiana, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Mississippi, New Hampshire, New Jersey, New York, North Carolina, Ohio, Rhode Island, South Carolina, Tennessee, Virginia, and West Virginia. These are listed in the&nbsp;Place Search of the Family History Library Catalog. <br>
Many early probate records have been transcribed, indexed, and published. The Family History Library has statewide indexes or transcripts of large collections of wills that have been published for Alabama, Arkansas, Connecticut, Delaware, District of Columbia, Georgia, Indiana, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Mississippi, New Hampshire, New Jersey, New York, North Carolina, Ohio, Rhode Island, South Carolina, Tennessee, Virginia, and West Virginia. These are listed in the&nbsp;Place Search of the Family History Library Catalog. <br>  
 
== Testate Records vs. Intestate Records  ==
 
Whether a person has a will or not affects the type of records that will be created in the probate process:<br>'''Testate--'''The deceased individual had a will.<br>'''Intestate--'''No will was created by the deceased.
 
{| width="503" cellspacing="1" cellpadding="1" border="5"
|-
| valign="top" align="center" | '''Testate Estate Records'''
| valign="top" align="center" | '''Intestate Estate Records'''
|-
|
Will<br>Estate File/Probate Case File<br>Letters Testamentary<br>Dower Rights<br>Guardianship<br>Settlements<br>Distributions<br>
 
|
Administration<br>Letters of Administration<br>Dower Rights<br>Guardianship<br>Settlements<br>Distributions<br>
 
|}


== Probate by State  ==
== Probate by State  ==
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<div></div> [[Category:Record_Types_of_the_United_States]] [[Category:United_States]] [[Category:United_States_Probate_Records]] </div>
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[[Category:Record_Types_of_the_United_States]] [[Category:United_States]] [[Category:United_States_Probate_Records]]
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