Tennessee Probate Records: Difference between revisions

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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 types of records are 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&nbsp;the [[United States Probate Process|probate process]],&nbsp;types of probate records,&nbsp;[[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]].  
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 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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Probate records of Tennessee are kept by the county clerk. In Shelby, Knox, and Davidson counties probate courts were established.  
Probate records of Tennessee are kept by the county clerk. In Shelby, Knox, and Davidson counties probate courts were established.  


The following events in the history of Tennessee affected political/jurisdictional boundaries and&nbsp;record keeping.  
The following events in the history of Tennessee affected political/jurisdictional boundaries and record keeping.  


*1584 The region of Tennessee was included in the English land grant to Sir Walter Raleigh.
*1584 The region of Tennessee was included in the English land grant to Sir Walter Raleigh.
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*1784 North Carolina ceded Tennessee to the federal government. Watauga settlers organized a short-lived “State of Franklin.”
*1784 North Carolina ceded Tennessee to the federal government. Watauga settlers organized a short-lived “State of Franklin.”
*1790 The federal government created the “Territory of the United States South of the River Ohio,” also known as the “Southwest Territory.”
*1790 The federal government created the “Territory of the United States South of the River Ohio,” also known as the “Southwest Territory.”
*1796 Tennessee admitted&nbsp;to the Union as the 16th state.
*1796 Tennessee admitted to the Union as the 16th state.
*1803 The Louisiana Purchase increased settlement in the state and migration through it.
*1803 The Louisiana Purchase increased settlement in the state and migration through it.
*1817– 1838 American Indian claims to land in Tennessee were greatly reduced by land cession treaties. Most Indian tribes&nbsp;were exiled in 1838&nbsp;in what became known as the&nbsp;“Trail of Tears.”
*1817– 1838 American Indian claims to land in Tennessee were greatly reduced by land cession treaties. Most Indian tribes were exiled in 1838 in what became known as the “Trail of Tears.”
*1818&nbsp;&nbsp;A treaty with the Chickasaw Indians for the purchase of western Tennessee opened that area to white settlers.
*1818 A treaty with the Chickasaw Indians for the purchase of western Tennessee opened that area to white settlers.
*1861 Tennessee seceded from the Union.
*1861 Tennessee seceded from the Union.
*1866 Tennessee readmitted to the Union.
*1866 Tennessee readmitted to the Union.
*1933– 1951 Tennessee Valley Authority (TVA), a federal program that brought hydro-electric power to the Tennessee River Valley, displaced communities.
*1933– 1951 Tennessee Valley Authority (TVA), a federal program that brought hydro-electric power to the Tennessee River Valley, displaced communities.


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*A history of the settlement and boundary changes of&nbsp;Tennessee and the resultant effects on record keeping can be found on [http://www.ancestry.com/wiki/index.php?title=History_of_Tennessee Ancestry]. ($)
*A history of the settlement and boundary changes of Tennessee and the resultant effects on record keeping can be found on [http://www.ancestry.com/wiki/index.php?title=History_of_Tennessee Ancestry]. ($)
*A discussion of&nbsp;Tennessee Probate Records written by&nbsp;Wendy Bebout Elliot&nbsp;for ''Red Book: American State, County, and Town Sources ''can be found at [http://www.ancestry.com/wiki/index.php?title=Tennessee_Probate_Records Ancestry]. ($)
*A discussion of Tennessee Probate Records written by Wendy Bebout Elliot for ''Red Book: American State, County, and Town Sources ''can be found at [http://www.ancestry.com/wiki/index.php?title=Tennessee_Probate_Records Ancestry]. ($)


==State Statutes==
==State Statutes==
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Understanding the&nbsp;Tennessee probate laws and how they changed over time can help us learn how the estate was administered, taxed, and distributed and might help to solve difficult genealogical problems.  
Understanding the Tennessee probate laws and how they changed over time can help us learn how the estate was administered, taxed, and distributed and might help to solve difficult genealogical problems.  


Additional information about&nbsp;Tennessee state statutes relating to probate matters can be found at law libraries. Online digital versions of state statutes can often be found by conducting a search engine search for the term, "Tennessee statutes."  
Additional information about Tennessee state statutes relating to probate matters can be found at law libraries. Online digital versions of state statutes can often be found by conducting a search engine search for the term, "Tennessee statutes."  


==Repositories==
==Repositories==
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====Local====
====Local====


Copies of original records&nbsp;can be obtained&nbsp;by contacting the clerk’s office in each county courthouse. Some county archives have the materials also.  
Copies of original records can be obtained by contacting the clerk’s office in each county courthouse. Some county archives have the materials also.  


====Regional====
====Regional====
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====National====
====National====


*The [https://www.familysearch.org/en/library/ FamilySearch Library]&nbsp;located in Salt Lake City, Utah has pre-1871 Tennessee probate records available on microfilm.&nbsp;For collection details see the [https://www.familysearch.org/search/catalog FamilySearch Catalog].&nbsp;Use the "Place Search" option to search for a specific&nbsp;Tennessee county. Then look for&nbsp;topics labeled "Probate Records" or "Guardianship."<br>Some Tennessee probate records have been published and indexed in genealogical periodicals that are in the FamilySearch Library.  
*The [https://www.familysearch.org/en/library/ FamilySearch Library] located in Salt Lake City, Utah has pre-1871 Tennessee probate records available on microfilm. For collection details see the [https://www.familysearch.org/search/catalog FamilySearch Catalog]. Use the "Place Search" option to search for a specific Tennessee county. Then look for topics labeled "Probate Records" or "Guardianship."<br>Some Tennessee probate records have been published and indexed in genealogical periodicals that are in the FamilySearch Library.  


==Statewide Record Collections==
==Statewide Record Collections==
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*Whitley, Edythe Johns Rucker. ''Tennessee Genealogical Records''. Salt Lake City, Utah: Filmed by the Genealogical Society of Utah, [197-?]-1982. {{FSC|166748|item|disp=FS Library Film 1206429 Item 4, vol. 1-9; Film 547553 Item 3, vol. 10}}. Includes index.<br><br>
*Whitley, Edythe Johns Rucker. ''Tennessee Genealogical Records''. Salt Lake City, Utah: Filmed by the Genealogical Society of Utah, [197-?]-1982. {{FSC|166748|item|disp=FS Library Film 1206429 Item 4, vol. 1-9; Film 547553 Item 3, vol. 10}}. Includes index.<br><br>


*Whitley, Edythe Johns Rucker. Tennessee ''Genealogical Records, vols. 3, 5, 6''.&nbsp;Salt Lake City, Utah: Filmed by the Genealogical Society of Utah, 1969. {{FSC|158807|item|disp=FS Library Film 599551 Items 2-4}}.<br><br>
*Whitley, Edythe Johns Rucker. Tennessee ''Genealogical Records, vols. 3, 5, 6''. Salt Lake City, Utah: Filmed by the Genealogical Society of Utah, 1969. {{FSC|158807|item|disp=FS Library Film 599551 Items 2-4}}.<br><br>


*[http://search.ancestry.com/search/db.aspx?dbid=1237 "Tennessee Divorce and Other Records, 1800-1965"]&nbsp;($) database, [http://www.ancestry.com/ Ancestry]&nbsp;($) has divorce, court and probate records from only the counties of Anderson, Carroll, Cheatham, Dickson, Franklin, Haywood, Henderson, Obion, Tipton, and Willilamson. The record types and years covered varies with each county.The record types and years covered varies with each county.
*[http://search.ancestry.com/search/db.aspx?dbid=1237 "Tennessee Divorce and Other Records, 1800-1965"] ($) database, [http://www.ancestry.com/ Ancestry] ($) has divorce, court and probate records from only the counties of Anderson, Carroll, Cheatham, Dickson, Franklin, Haywood, Henderson, Obion, Tipton, and Willilamson. The record types and years covered varies with each county.The record types and years covered varies with each county.


==Learn More==
==Learn More==
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====Published Materials====
====Published Materials====


*Allen, Malinda C. and National Business Institute. ''Beyond the Basics&nbsp;: Strategies for Solving Probate Issues and Challenges in Tennessee. ''Eau Claire, WI&nbsp;: National Business Institute, ©2005. {{WorldCat|70166748|At various libraries (WorldCat)}}
*Allen, Malinda C. and National Business Institute. ''Beyond the Basics : Strategies for Solving Probate Issues and Challenges in Tennessee. ''Eau Claire, WI : National Business Institute, ©2005. {{WorldCat|70166748|At various libraries (WorldCat)}}


*Bradford, Gail Smith and National Business Institute. ''Tennessee Probate: Beyond the Basics.'' Eau Claire, WI&nbsp;: National Business Institute, 2004.{{WorldCat|55647959|At various libraries (WorldCat)}}
*Bradford, Gail Smith and National Business Institute. ''Tennessee Probate: Beyond the Basics.'' Eau Claire, WI : National Business Institute, 2004.{{WorldCat|55647959|At various libraries (WorldCat)}}


====Websites====
====Websites====