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===Record Synopsis=== | ===Record Synopsis=== | ||
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 records may be found in probate files. These may include, [[United States Probate Wills|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 | 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 records may be found in probate files. These may include, [[United States Probate Wills|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 the [[United States Probate Process|probate process]], types of probate records, [[Analyzing United States Probate Records|analyzing probate records]], and to access a [[Glossary of United States Probate Terms|glossary]] of probate terms, see [[United States Probate Records|United States Probate Records]]. | ||
===History=== | ===History=== | ||
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Most probate records in [[North Carolina Genealogy|North Carolina]] were created on a county level though many were later sent to the North Carolina State Archives. For the colonial period, dozens of North Carolina wills were proved in the [[Prerogative Court of the Archbishop of Canterbury|Prerogative Court of Canterbury]] in London, England. The contents of probate records vary greatly depending on the prevailing law and the personality of the record keeper. | Most probate records in [[North Carolina Genealogy|North Carolina]] were created on a county level though many were later sent to the North Carolina State Archives. For the colonial period, dozens of North Carolina wills were proved in the [[Prerogative Court of the Archbishop of Canterbury|Prerogative Court of Canterbury]] in London, England. The contents of probate records vary greatly depending on the prevailing law and the personality of the record keeper. | ||
Following is | Following is a brief accounting of wills in specific time frames. More details are found later in this article. | ||
'''Before 1760''' - Most wills were probated by the County Court of Pleas and Quarter Sessions in the county.<br>'''1760–1868''' - | '''Before 1760''' - Most wills were probated by the County Court of Pleas and Quarter Sessions in the county.<br>'''1760–1868''' - Most wills are in the offices of the clerk of the superior court in the county where the<br> testator legally resided.<br>'''Between 1868 and 1966''' - Wills were proved in the superior court of the county.<br>'''Since 1966''' - All documents relating to probate cases are kept in case files.<br> | ||
Probate records in the state fall into two general categories: wills and estate papers. Most records mention the names of heirs and frequently specify how those heirs are related. Names of children may be given, as well as married names of daughters. Probate records may not give an exact death date, but a death most often occurred within a few months of the date of probate. | Probate records in the state fall into two general categories: wills and estate papers. Most records mention the names of heirs and frequently specify how those heirs are related. Names of children may be given, as well as married names of daughters. Probate records may not give an exact death date, but a death most often occurred within a few months of the date of probate. | ||
*A brief history of the settlement and boundary changes of | *A brief history of the settlement and boundary changes of North Carolina and the resultant effects on record keeping can be found on [http://www.ancestry.com/wiki/index.php?title=History_of_North_Carolina Ancestry]. ($) | ||
*A discussion of | *A discussion of North Carolina Probate Records written by Johni Cerny and Gareth L. Mark for ''Red Book: American State, County, and Town Sources ''can be found at [http://www.ancestry.com/wiki/index.php?title=North_Carolina_Probate_Records Ancestry]. ($) | ||
===State Statutes=== | ===State Statutes=== | ||
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====Regional==== | ====Regional==== | ||
[https://archives.ncdcr.gov/ North Carolina State Archives] | [https://archives.ncdcr.gov/ North Carolina State Archives] has both originals and copies of probate records. | ||
====National==== | ====National==== | ||
*The FamilySearch Library has a | *The FamilySearch Library has a good collection of {{FSC|376838|subject-id|disp=North Carolina Probate Records}} from 1663 - 1923 on both a state and county level. Some are films of the originals, but many are abstracts. | ||
===Statewide Record Collections=== | ===Statewide Record Collections=== | ||
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'''Prior to 1760''' most wills were probated by the County Court of Pleas and Quarter Sessions in the county. The original wills and accompanying estate papers were supposed to be sent to the secretary of state for filing, regardless of where the will was probated. Some counties did not send their records in. | '''Prior to 1760''' most wills were probated by the County Court of Pleas and Quarter Sessions in the county. The original wills and accompanying estate papers were supposed to be sent to the secretary of state for filing, regardless of where the will was probated. Some counties did not send their records in. | ||
Most of the original wills and papers for the period 1663 to 1790, however, are at the North Carolina State Archives. | Most of the original wills and papers for the period 1663 to 1790, however, are at the North Carolina State Archives. Digital images of the original wills, arranged alphabetically by name of testator, are available on their website. Some users may find it difficult to find these records on their website. The following instructions should help: | ||
#Visit [https://archives.ncdcr.gov/doc/search-doc Discover Online Catalog (DOC)] | #Visit [https://archives.ncdcr.gov/doc/search-doc Discover Online Catalog (DOC)] (North Carolina State Archives catalog) | ||
#Search, with the setting as '''"A Mars Id matching," '''for the series '''12.96''' | #Search, with the setting as '''"A Mars Id matching," '''for the series '''12.96''' | ||
#Click '''Records of Probate: Wills''' | #Click '''Records of Probate: Wills''' | ||
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|- | |- | ||
|13 | |13 | ||
|Jackson-Jones | |Jackson-Jones (Sarah) | ||
|27 | |27 | ||
|Weston-Williams | |Weston-Williams (Stephen) | ||
|- | |- | ||
|14 | |14 | ||
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If you find a will abstract of interest, it is now possible to view digital images of the original Prerogative Court of Canterbury wills online at three pay-per-view websites: | If you find a will abstract of interest, it is now possible to view digital images of the original Prerogative Court of Canterbury wills online at three pay-per-view websites: | ||
#[https://discovery.nationalarchives.gov.uk/details/r/C12122 Prerogative Court of Canterbury Wills (1384-1858)] ($) at The National Archives, | #[https://discovery.nationalarchives.gov.uk/details/r/C12122 Prerogative Court of Canterbury Wills (1384-1858)] ($) at The National Archives, UK.<br><br> | ||
#[http://www.thegenealogist.co.uk/user/subscriptions.php#record_sets PCC | #[http://www.thegenealogist.co.uk/user/subscriptions.php#record_sets PCC Wills Index and Images (1384-1858)] ($) at The Genealogist.<br><br> | ||
#[http://search.ancestry.com/search/db.aspx?dbid=5111 Prerogative Court of Canterbury Wills, 1384-1858] ($) at Ancestry. | #[http://search.ancestry.com/search/db.aspx?dbid=5111 Prerogative Court of Canterbury Wills, 1384-1858] ($) at Ancestry. | ||
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Copies of most early estate papers are in the state archives and on microfilm. See: | Copies of most early estate papers are in the state archives and on microfilm. See: | ||
*North Carolina. Division of Archives and History (Raleigh, North Carolina). ''Colonial Estate Papers, 1669–1759''. Salt Lake City, Utah: Genealogical Society of Utah, 1996. | *North Carolina. Division of Archives and History (Raleigh, North Carolina). ''Colonial Estate Papers, 1669–1759''. Salt Lake City, Utah: Genealogical Society of Utah, 1996. {{FSC|772580|item|disp=FS Library Film 2047891, 2047981-2047983}}(4 films). The records are alphabetical. | ||
Many later loose estate papers or copies of them have been sent to the North Carolina State Archives. Counties often send their papers to the archives after 60 years. Estate papers in the state archives are presently being microfilmed in alphabetical order, county by county. | Many later loose estate papers or copies of them have been sent to the North Carolina State Archives. Counties often send their papers to the archives after 60 years. Estate papers in the state archives are presently being microfilmed in alphabetical order, county by county. | ||
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*''Index to Wills at the North Carolina Commission, 1682-1905. ''Salt Lake City, Utah: Filmed by the Genealogical Society of Utah, 1941. {{FSC|353866|item|disp=FS Library Film 18082}}.<br><br> | *''Index to Wills at the North Carolina Commission, 1682-1905. ''Salt Lake City, Utah: Filmed by the Genealogical Society of Utah, 1941. {{FSC|353866|item|disp=FS Library Film 18082}}.<br><br> | ||
*Grimes, J. Bryan. ''Abstracts of North Carolina Wills: Compiled from Original and Recorded Wills in the Office of the Secretary of State. | *Grimes, J. Bryan. ''Abstracts of North Carolina Wills: Compiled from Original and Recorded Wills in the Office of the Secretary of State. ''Baltimore, Maryland : Clearfield, 2000. {{FSC|731511|item|disp=FS Library Book 975.6 P2gr 2000}}.<br><br> | ||
*North Carolina. Division of Archives and History (Raleigh, North Carolina). | *North Carolina. Division of Archives and History (Raleigh, North Carolina). ''Apprentice Bonds and Records, 1716-1921. ''Salt Lake City, Utah: Filmed by the Genealogical Society of Utah, 1995. {{FSC|766317|item|disp=FS Library Film 2027751 Item 1}}(25 films).<br><br> | ||
*Bradley, Stephen E., Jr. | *Bradley, Stephen E., Jr. ''Early Records of North Carolina''. Keysville, Virginia: S.E. Bradley, Jr., 1992-c2000. {{FSC|501527|item|disp=FS Library Book 975.6 P28b vol.1-10}}.<br><br> | ||
*Daughters of the American Revolution (North Carolina). | *Daughters of the American Revolution (North Carolina). North Carolina Wills. Salt Lake City, Utah: Filmed by the Genealogical Society of Utah, 1972. {{FSC|170144|item|disp=FS Library Film 873860 Item 20}}. Digital version can be viewed at this source.<br><br> | ||
*Daughters of the American Revolution. Alexander Martin Chapter (North Carolina). | *Daughters of the American Revolution. Alexander Martin Chapter (North Carolina). ''North Carolina Wills and Abstracts of Wills, 1740-1860. ''Salt Lake City, Utah: Filmed by the Genealogical Society of Utah, 1971. {{FSC|359189|item|disp=FS Library Film 860339 Item 2}}.<br><br> | ||
*''North Carolina Wills and Court Records, 1679-1775''. Salt Lake City, Utah: Filmed by the Genealogical Society of Utah, 1941. {{FSC|353956|item|disp=FS Library Film 18054-18058}}(5 films).<br><br> | *''North Carolina Wills and Court Records, 1679-1775''. Salt Lake City, Utah: Filmed by the Genealogical Society of Utah, 1941. {{FSC|353956|item|disp=FS Library Film 18054-18058}}(5 films).<br><br> | ||
*Grimes, J. Bryan. | *Grimes, J. Bryan. ''North Carolina Wills and Inventories''. Baltimore, Maryland: Genealogical Pub. Co., 1967. {{FSC|182126|item|disp=FS Library Book 975.6 P2g 1967}}.<br><br> | ||
*Daughters of the American Revolution (North Carolina). | *Daughters of the American Revolution (North Carolina). ''North Carolina Wills''. Salt Lake City, Utah: Filmed by the Genealogical Society of Utah, 1972. {{FSC|170144|item|disp=FS Library Film 873860 Item 20}}. Digital version can be viewed at this source.<br><br> | ||
*Brayton, John Anderson. | *Brayton, John Anderson. ''Transcription of Provincial North Carolina Wills, 1633-1729-30''. Memphis, Tennessee: J.A. Brayton, c2003. {{FSC|1180350|item|disp=FS Library Book 975.6 P2b}}.<br><br> | ||
*North Carolina. Division of Archives and History (Raleigh, North Carolina). | *North Carolina. Division of Archives and History (Raleigh, North Carolina). ''Wills, 1663-1789''. Salt Lake City, Utah: Filmed by the Genealogical Society of Utah, 1988-1989. {{FSC|457752|item|disp=FS Library Film1605076 Item 22, 1605223-1605228}} (7 films).<br><br> | ||
Probate records can be found in the FamilySearch Catalog by using a Place Search under: | Probate records can be found in the FamilySearch Catalog by using a Place Search under: | ||
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