New Jersey Probate Records: Difference between revisions

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[[Portal:United States Probate|Portal:United States Probate ]]>[[New Jersey|New Jersey]]  
[[Portal:United States Probate|Portal:United States Probate ]]>[[New Jersey|New Jersey]]  


'''Links to Probate-Related Topics'''
== Record Synopsis  ==


[[Analyzing United States Probate Records|Analyzing Probate ]]  [[United States Probate Limitations|Probate Limitations]]   [[United States Probate Process|Probate Process]]                                                          [[Glossary of United States Probate Terms|Glossary of Probate Terms]]  [[United States Probate Wills|Wills]]    [[United States Probate Records|Unites States Probate Records]]  
Probate is the “court procedure by which a will is proved to be valid or invalid” and encompasses “all matters and proceedings pertaining to the administration of estates, guardianships, etc.”<ref>Henry Campbell Black, ''Black's Law Dictionary,'' 5th ed. (St. Paul, Minnesota: West Publishing Co., 1979), 1081, "probate."</ref> Various types of records are created throughout the probate process. These may include, wills, bonds, petitions, accounts, inventories, administrations, orders, decrees, and distributions. These documents are extremely valuable to genealogists and should not be neglected. In many instances, they are the only known source of relevant information such as the decedent’s date of death, names of his or her spouse, children, parents, siblings, in-laws, neighbors, associates, relatives, and their places of residence. They may also include information about adoption or guardianship of minor children and dependents. For further information about&nbsp;the probate process,&nbsp;types of probate records,&nbsp;analyzing probate records, and to access a glossary of probate terms, see [https://wiki.familysearch.org/en/United_States_Probate_Records United States Probate Records].


 
{{Template:US-probate-topic_bar}} {{Adoption DEGenWeb}}
==== Record Overview  ====
 
Probate records are court records created after an individual’s death that relate to a court’s decisions regarding the distribution of the estate to the heirs or creditors and the care of any dependents. You may find the names of married daughters or other relatives and their residences; or information about the adoption or guardianship of minor children and dependents. Probate records do not always give an exact date of death, but the death usually occurred within four months of probate. These documents are important to family history researchers, because they usually exist for time periods before civil birth and death records were kept.
 
Probate records may include: petitions, wills, bonds, inventories, publications, accounts, divisions,claims, letters of administration, probate journals, probate packets,&nbsp;
 
Other documents may include: adoption, deed, guardianship, legitimation of children, manumissions, apprenticeships, dower rights and releases, deeds, tax leins, land sold for back taxes, widow allowances, order of distribution, decree of heirship&nbsp;<br>


=== History  ===
=== History  ===
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Online digital versions of state statutes can often be found by conducting a search engine search for the term, "New Jersey statutes." The following are examples of free, digital books related to New Jersey probate laws:  
Online digital versions of state statutes can often be found by conducting a search engine search for the term, "New Jersey statutes." The following are examples of free, digital books related to New Jersey probate laws:  


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=== Jurisdictions ===
== Repositories ==
 
=== Availability  ===
 
The Family History Library has microfilm copies of most state probate records from 1665 through 1900 and most county probate records through the early 1900s. The state archives has microfilm copies and the originals of all records formerly held by the secretary of state, 1670 to 1901, as well as microfilms of many pre-1901 county probate records. The county surrogate's court offices generally have orphans' court records from 1785 to the present, surrogates' court records from 1804 to the present, and some earlier records.
 
=== Repositories<br> ===


===Local===
==== '''Prerogative Court, 1670 to 1784'''  ====
==== '''Prerogative Court, 1670 to 1784'''  ====


From 1702 to 1738 New York and New Jersey had the same governor. As a result many New Jersey probate records can be found among New York City, or Albany probate records.
From 1702 to 1738 New York and New Jersey had the same governor. As a result many New Jersey probate records can be found among New York City, or Albany probate records.  


The prerogative court began probating New Jersey wills and administrations in 1670. Authority to probate estates was vested in the governor, who was the judge of the prerogative court. He functioned as the "ordinary" or "surrogate general" until 1844. Because it was impossible for governors to personally oversee all probates, they appointed deputies or "surrogates" to act in their behalf. Probates for East and West Jersey continued to be recorded in Perth Amboy and Burlington until 1784. In that year, the secretary of state became the register of the prerogative court, and all original records from then on were sent to his office in Trenton.  
The prerogative court began probating New Jersey wills and administrations in 1670. Authority to probate estates was vested in the governor, who was the judge of the prerogative court. He functioned as the "ordinary" or "surrogate general" until 1844. Because it was impossible for governors to personally oversee all probates, they appointed deputies or "surrogates" to act in their behalf. Probates for East and West Jersey continued to be recorded in Perth Amboy and Burlington until 1784. In that year, the secretary of state became the register of the prerogative court, and all original records from then on were sent to his office in Trenton.  


In the 1790s, the probate records earlier filed with the provincial secretaries were transferred to the office of the secretary of state for preservation. Prerogative court records include wills, administrations, letters of guardianship, and records of lunacy hearings. The prerogative court only functioned in an appellate capacity from 1784 to 1947, when it was replaced by the superior courts. Probate records filed with the prerogative court since 1784 generally consist of appeals made from local surrogate's and orphans' courts and records of the settling of estates where land was situated in two or more counties.
In the 1790s, the probate records earlier filed with the provincial secretaries were transferred to the office of the secretary of state for preservation. Prerogative court records include wills, administrations, letters of guardianship, and records of lunacy hearings. The prerogative court only functioned in an appellate capacity from 1784 to 1947, when it was replaced by the superior courts. Probate records filed with the prerogative court since 1784 generally consist of appeals made from local surrogate's and orphans' courts and records of the settling of estates where land was situated in two or more counties.  


==== County Orphans' Courts, 1785 to 1947  ====
==== County Orphans' Courts, 1785 to 1947  ====
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Until 1804, all wills were sent to the registrar of the prerogative court to be recorded. Since 1804, copies of all probates have been recorded at the office of the county surrogate. The original wills, administrations, accounts, and inventories have been sent to the secretary of state (more recently, the superior court) in Trenton.  
Until 1804, all wills were sent to the registrar of the prerogative court to be recorded. Since 1804, copies of all probates have been recorded at the office of the county surrogate. The original wills, administrations, accounts, and inventories have been sent to the secretary of state (more recently, the superior court) in Trenton.  


=== Finding Probate Records  ===
Regional
 
National
 
The Family History Library has microfilm copies of most state probate records from 1665 through 1900 and most county probate records through the early 1900s. The state archives has microfilm copies and the originals of all records formerly held by the secretary of state, 1670 to 1901, as well as microfilms of many pre-1901 county probate records. The county surrogate's court offices generally have orphans' court records from 1785 to the present, surrogates' court records from 1804 to the present, and some earlier records.
 
 
 
== Statewide record Colletion ==


=== Indexes  ===
=== Indexes  ===
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:Fax: 609-777-0094<br>
:Fax: 609-777-0094<br>
:Internet: http://www.answers.com/topic/new-jersey-superior-court
:Internet: http://www.answers.com/topic/new-jersey-superior-court
==Learn More==
===Published Materials===


=== Web Sites  ===
=== Web Sites  ===
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