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''[[United States|United States]] [[Image:Gotoarrow.png]] [[New York]] [[Image:Gotoarrow.png]] [[New_York_Probate_Records|Probate Records]]''  
''[[United States|United States]] [[Image:Gotoarrow.png]] [[New York]] [[Image:Gotoarrow.png]] [[New York Probate Records|Probate Records]]''  


[[Image:Renselaer County Courthouse Unrestored.png|thumb|right|350px]]  
[[Image:Renselaer County Courthouse Unrestored.png|thumb|right|350px]]  
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Online digital versions of state statutes can often be found by conducting a search engine search for the term, "New York statutes." The following are examples of free, digital books related to New York probate laws:  
Online digital versions of state statutes can often be found by conducting a search engine search for the term, "New York statutes." The following are examples of free, digital books related to New York probate laws:  


== Repositories ==
== Types of Probate Records ==


==== Local ====
==== Surrogate's Court Records ====
 
From May 1787 to the present, county surrogate's courts have recorded probates. However, the court of probates and court of chancery handled estates of deceased persons who died in one county but who owned property in another. An 1823 law mandated that all probates come under the jurisdiction of the county surrogate's courts. Each surrogate's court has a comprehensive index to all probate records, including the unrecorded probate packets.


==== Regional ====
===== Probate Packets =====


==== National  ====
The most important probate record is the probate packet, or estate file. A much larger percentage of the New York population is represented in the estate files than in the will books. The file contains copies of all documents related to estate settlement, including will or administration, bond, and inventory.


== Learn More ==
===== Probate Petitions 1830 to Present =====


William Applebie Daniel Eardeley abstracted wills, administrations, and guardanships for most of New York State for the period 1787 to 1835. His abstracts are held at the Brooklyn Historical Society. They have been digitized by [http://newyorkancestors.org/ New York Ancestors], where they may be searched and viewed for a fee.
Since about 1830, a petition that lists names of heirs, date of death of the deceased, relationships to the deceased, and the heir's residences may be included. These packets can be found at the county courthouse. Some of these packets have been microfilmed and made available at the Family History Library for 29 counties of New York.  


==== Published Materials  ====
"The probate petitions are most often found in "Probate Packets" at the surrogate's court in each county, filed with other loose estate papers, such as inventories, accounts, etc. Because such "loose papers" were filed with estates prior to 1830, some packets include records from the beginning of the Surrogate Court system in 1787 or even earlier."<ref>Henry B. Hoff, "Navigating New York Probate," ''American Ancestors'' 12 (Fall 2011): 56.</ref> <br>


*''[[New York]] Research Outline. ''Salt Lake City, Utah: Intellectual Reserve, Inc., Family History Department, 1998, 2005.
The following table show the years covered and how these records are referenced in the Family History Library Catalog. (FHLC):"<ref>Henry B. Hoff, "Navigating New York Probate," ''American Ancestors'' 12 (Fall 2011): 56.</ref>


There are several helpful statewide and downstate indexes and transcripts to help you search pre-1823 wills and other probate records. Some are indexed by name of deceased persons, heirs, witnesses, executors, and administrators:
{| cellspacing="1" cellpadding="1" border="1" width="700"
|-
| County
| Packets
| Notes
| FHLC
|-
| Alleghany
| 1897–1930
| In FHLC as "Surrogates Records"<br>
| {{FHL|224676|item|disp=FHL Film 594805(first of over 500 films)}}<br>
|-
| Cayuga
| 1799–1905
| In FHLC as "Surrogates Records" <br>
| {{FHL|297489|item|disp=FHL Film 861020(first of over 1000 films)}}<br>
|-
| Chautauqua
| Nil
| Petitions in "probate of wills books" 1841–1901<br>
| {{FHL|218227|item|disp=FHL Film 810272(first of 17 films) Index available}}<br>
|-
| Chemung
| 1836–1900
| In FHLC as "Estate Papers"
| {{FHL|303554|item|disp=FHL Film 869194(Index to 207 films)}}<br>
|-
| Columbia
| 1830–1880<br>
| In FHLC as "will papers" and "administration papers" 1830–1880<br>
| {{FHL|307213|item|disp=FHL Film 587933(first of 77 films)Will papers }}
{{FHL|247251|item|disp=FHL Film 479417(first of 37 films)Administration papers}}<br>


*Fernow, Berthold, compiler. ''Calendar of Wills On File and Recorded in the Offices of the Clerk of the Court of Appeals, of the County Clerk at Albany, and of the Secretary of State, 1626–1836.'' 1896. Reprint, Baltimore, Maryland: Genealogical Publishing Company, 1967. (Family History Library book {{FHL|190499|title-id|disp=974.7 P28f}} 1967; film {{FHL|190512|title-id|disp=416895}} or {{FHL|190512|title-id|disp=930248}}, item 2; fiche {{FHL|190512|title-id|disp=6046668}}.) The original wills, dated 1629–1802, are at the New York State Archives, and some are on microfilm at the Family History Library. Digital version at [http://www.americanancestors.org/Search.aspx?Ca=094&Da=204 New York Ancestors] ($).<br>
|-
*Pelletreau, William Smith, editor, and Robert H. Kelby, indexer, ''Abstracts of Wills on File in the Surrogate's Office, City of New York, 1665–1801''. 17 Volumes. Collections of the New-York Historical Society, for the Years 1892–1908, Volumes. 25–41. New York, New York: New-York Historical Society, 1892–1909. (Family History Library book {{FHL|1282015|title-id|disp=974.7 B4n v. 25–41}}; films {{FHL|121453|title-id|disp=509196}}, 873857, and {{FHL|75581|title-id|disp=845296–302}}; fiche {{FHL|75581|title-id|disp=6046928}}.) Each volume is individually indexed. The original wills are at the State Archives and handwritten 19th century transcripts are bound in books at the New York County Surrogate's Court. Both sets are on film at the Family History Library, but the originals were filmed to only about 1738. The book and page numbers found in these published abstracts refer to the copies.
| Cortland
*Scott, Kenneth and James A Owre, editors. ''Genealogical Data from Inventories of New York Estates, 1666–1825.'' New York: New York Genealogical and Biographical Society, 1970. (Family History Library book {{FHL|974.7 P28s|disp=974.7 P28s}})
| 1810–1893<br>
*Scott, Kenneth, editor. ''Genealogical Data from New York Administration Bonds, 1753–1799.'' Collections of the New York Genealogical and Biographical Society, Volume 10. New York, 1969. (Family History Library book {{FHL|111225|title-id|disp=974.7 B4ne v. 10}}.) From 1753–1799, bonds were required when wills were probated or letters of administration were issued. The bonds often give names, residences, occupations, and family relationships.
| In FHLC as "Estate Files" 1810–1893<br>
*Scott, Kenneth, editor. ''Genealogical Data from Further New York Administration Bonds, 1791–1798''. New York Genealogical and Biographical Society Collections, Volume 11. New York, 1971. (Family History Library book {{FHL|90466|title-id|disp=974.7 B4ne v. 11}}.)
| {{FHL|553477|item|disp=FHL Film 1819656(first of 27 films)}}<br>
*Sawyer, Ray C., compiler and editor. ''Index of Wills for New York County, 1662–1875''. Six Volumes. New York, New York: R. Sawyer, 1930–51. (Family History Library film {{FHL|199610|title-id|disp=860313}}.)
|-
*Barber, Gertrude Audrey.''Index to Letters of Administration of New York County from 1743–1875''. Six Volumes. New York, New York: G. Barber, 1950–51. (Family History Library book {{FHL|202500|title-id|disp=974.71 P22b}}; film {{FHL|202500|title-id|disp=1425588 items 2–7}}.) Administrators are often relatives of the deceased.
| Delaware
*Remington, Gordon L., ''New York State Probate Records: A Genealogist's Guide to Testate and Intestate Records.'' Second Edition. New England Historic Genealogical Society, 2011. {{FHL|1047760|item|disp=FHL Book 974.7 D27rn}}
| 1797–1915<br>  
| In FHLC as "Estate papers and proceedings, 1797–1900<br>
| {{FHL|297470|item|disp=FHL Film 833575(first of 331 films)}} Indexed by surname in general index to wills and proceedings. {{FHL|256921|item|disp=FHL Film 833549–50}}<br>
|-
| Dutchess
| 1793–1868<br>
| In FHLC as "Probate Packets"<br>
| {{FHL|305408|item|disp=FHL Film 913728(first of 120 films)}} Indexed in General index to surrogate records {{FHL|274527|item|disp=FHL Film 913654(first of 4 films)}}<br>
|-
| Erie
| 1800–1929<br>
| In FHLC as "Surrogates Records"<br>
| {{FHL|311372|item|disp=FHL Film 925084(first of 891 films)}} Includes film index {{FHL|311372|item|disp=FHL Film 925093(first of 10 films)}}<br>
|-
| Genessee
| Nil<br>
| Petitions in "probate books" 1856–1908<br>
| {{FHL|221551|item|disp=FHL Film 811142(first of 6 films)}} Includes index.<br>
|-
| Greene
|  
yes(alpha) 1800–1883+


The Family History Library has similar abstracts for many other counties on microfilm.
| In FHLC as "Estate papers"<br>
| {{FHL|306810|item|disp=FHL Film 480114(first of 126 films)}}<br>
|-
| Hamilton
| 1861–1908<br>
| In FHLC as "Estate papers"<br>
| {{FHL|234851|item|disp=FHL Film 550037(first of 9 films)}}<br>
|-
| Herkimer
| 1792–1900<br>
| In FHLC as "Estate papers"<br>
| {{FHL|317437|item|disp=FHL Film 847496(first of 300 films)}} Filed by Last letter of Surname.<br>
|-
| Jefferson
| 1805–1900(1945)<br>
| In FHLC as "Estate papers"<br>
| {{FHL|317437|item|disp=FHL Film 894445 Item 3(first of 278 films)}} First film is an index.<br>
|-
| Kings
| 19th Century<br>
| FHL has petitions interfiled by type of estate<br>
| {{FHL|342755|subject_id|disp=Kings County Probate records}}<br>
|-
| Madison
| 1806–1876<br>
| In FHLC as "Estate records"<br>
| {{FHL|50982|item|disp=FHL Film 425297(first of 77 films)}} Records are in case number order.<br>
|-
| New York
| 19th Century<br>
| FHL has petitions interfiled by type of estate<br>
| {{FHL|370259|subject_id|disp=New York County Probate records}}<br>
|-
| Niagara
| 1822–1932<br>
| In FHLC as "Probate Records"<br>
| {{FHL|236611|item|disp=FHL Film 900543(first of 1068 films)}} First film is an index.<br>
|-
| Oneida
| yes (1867–1965)<br>
| In FHLC as "Probate Proceedings"<br>
| {{FHL|236611|item|disp=FHL Film 381890(first of 92 films)}}<br>
|-
| Otsego
| 1829–1934<br>
| In FHLC as "Petitions for probate"<br>
| {{FHL|229095|item|disp=FHL Film 947947(first of 13 films)}}<br>
|-
| Queens
| 1830–1865<br>
| In FHLC as "Probate proceedings"<br>
| {{FHL|227978|item|disp=FHL Film 930757(first of 33 films)}} Index to Probate proceedings {{FHL|227978|item|disp=FHL Film 933001(first of 3 films)}}<br>
|-
| Rensselaer
| yes (1793–1906)<br>
| In FHLC as "Probate Records"<br>
| {{FHL|428628|item|disp=FHL Film 1531541 Items 2-3 (first of 235 films)}} Indexes to these records are found on: {{FHL|428628|item|disp=FHL Film 550660 (first of 4 films)}}<br>
|-
| Rockland
| 1802–1900<br>
| In FHLC as "Probate Records"<br>
| {{FHL|223296|item|disp=FHL Film 819733(first of 96 films)}}<br>
|-
| Seneca
| 1830–1911<br>
| In FHLC as "Stanley I. Reynolds Collection" [typescript]<br>
| {{FHL|319921|item|disp=FHL Film 812847}}<br>
|-
| Tompkins
| 1818–1900<br>
| In FHLC as "Petitions, proof of wills, letters of administration, and estate papers"<br>
| {{FHL|252649|item|disp=FHL Film 869195 (first of 59 films)}}<br>
|-
| Ulster
| (1707) 1787–1921<br>
| In FHLC as "Probate records, 1707–1921 approx."<br>
| {{FHL|306377|item|disp=FHL Film 941437 Item 1 (first of 173 films)}} First film is an index to filing boxes. <br>
|-
| Warren
| yes (1813–1955)<br>
| In FHLC as "Estate records, No. 1–13, 353; book of wills"<br>
| {{FHL|285271|item|disp=FHL Film 441867(first of 203 films)}} First film is an index to Estate records. <br>
|-
| Westchester
| 1775–1900<br>
| In FHLC as "Estate tax files, 1775–1900"<br>
| {{FHL|252649|item|disp=FHL Film 869195 (first of 690 films)}}<br>
|-
| Wyoming
| 1841–1900<br>
| In FHLC as "Petition and proofs of wills, 1841–1900" and "Petitions, bonds of administrators, 1841–1900"<br>
| {{FHL|254509|item|disp=FHL Film 815844(first of 42 films)}}<br>
|}
<ref>Henry B. Hoff, "Navigating New York Probate," ''American Ancestors'' 12 (Fall 2011): 56.</ref>
===== Recorded Records  =====


==== Surrogate's Court Records  ====
Beginning in 1787, copies of probates have been recorded in books by the surrogate. The Family History Library has copies of will books and index books for most counties. For example, the Family History Library has New York County wills from 1665–1916 and an index to 1923 on 525 rolls of microfilm. The library also has microfilms of administrations books and guardianships for most counties. Most counties have consolidated estate index books, which index estate files, wills, administrations, letters testamentary, guardianships, administration bonds, guardian bonds, and so forth. If you need copies of documents from a surrogate court, be prepared to pay a large fee.


From May 1787 to the present, county surrogate's courts have recorded probates. However, the court of probates and court of chancery handled estates of deceased persons who died in one county but who owned property in another. An 1823 law mandated that all probates come under the jurisdiction of the county surrogate's courts. Each surrogate's court has a comprehensive index to all probate records, including the unrecorded probate packets.
'''In New York the probate packets may be called estate files--'''These contain the documents involved in probating an estate. There are also probate proceedings, which may contain petitions listing next of kin, petitions for guardianship over minors, and orders for heirs to appear in court. Sometimes the wills are included. Many New York probate packets and probate proceedings are on microfilm at the Family History Library, for example:


===== Probate Packets  =====
*New York. Surrogate's Court (New York County). ''Probate Proceedings, 1830–1865.'' Salt Lake City, Utah: Genealogical Society of Utah, 1972. (On 228 Family History Library films.) The probate proceedings are arranged by month of final filing. This date can be found under the decedent's surname in the index to wills. The index to the wills from 1662–1910 is on Family History Library films {{FHL|273761|title-id|disp=872164–69}}).


The most important probate record is the probate packet, or estate file. A much larger percentage of the New York population is represented in the estate files than in the will books. The file contains copies of all documents related to estate settlement, including will or administration, bond, and inventory.  
*[http://www.sampubco.com/wills/ny/newyork.htm SAMPUBCO] - Index of testators of many thousands of Wills.


===== Probate Petitions 1830 to Present  =====
<br>


Since about 1830, a petition that lists names of heirs, relationships to the deceased, and residences is also included. These packets have been microfilmed and made available at the Family History Library for some counties of New York.
== How to Obtain Probate Records  ==


===== Recorded Records  =====
William Applebie Daniel Eardeley abstracted wills, administrations, and guardanships for most of New York State for the period 1787 to 1835. His abstracts are held at the Brooklyn Historical Society. They have been digitized by [http://newyorkancestors.org/ New York Ancestors], where they may be searched and viewed for a fee.


Beginning in 1787, copies of probates have been recorded in books by the surrogate. The Family History Library has copies of will books and index books for most counties. For example, the Family History Library has New York County wills from 1665–1916 and an index to 1923 on 525 rolls of microfilm. The library also has microfilms of administrations books and guardianships for most counties. Most counties have consolidated estate index books, which index estate files, wills, administrations, letters testamentary, guardianships, administration bonds, guardian bonds, and so forth. If you need copies of documents from a surrogate court, be prepared to pay a large fee.
==== Published Materials  ====


'''In New York the probate packets may be called estate files--'''These contain the documents involved in probating an estate. There are also probate proceedings, which may contain petitions listing next of kin, petitions for guardianship over minors, and orders for heirs to appear in court. Sometimes the wills are included. Many New York probate packets and probate proceedings are on microfilm at the Family History Library, for example:
*''[[New York]] Research Outline. ''Salt Lake City, Utah: Intellectual Reserve, Inc., Family History Department, 1998, 2005.


*New York. Surrogate's Court (New York County). ''Probate Proceedings, 1830–1865.'' Salt Lake City, Utah: Genealogical Society of Utah, 1972. (On 228 Family History Library films.) The probate proceedings are arranged by month of final filing. This date can be found under the decedent's surname in the index to wills. The index to the wills from 1662–1910 is on Family History Library films {{FHL|273761|title-id|disp=872164–69}}).
There are several helpful statewide and downstate indexes and transcripts to help you search pre-1823 wills and other probate records. Some are indexed by name of deceased persons, heirs, witnesses, executors, and administrators:  


*[http://www.sampubco.com/wills/ny/newyork.htm SAMPUBCO] - Index of testators of many thousands of Wills.
*Fernow, Berthold, compiler. ''Calendar of Wills On File and Recorded in the Offices of the Clerk of the Court of Appeals, of the County Clerk at Albany, and of the Secretary of State, 1626–1836.'' 1896. Reprint, Baltimore, Maryland: Genealogical Publishing Company, 1967. (Family History Library book {{FHL|190499|title-id|disp=974.7 P28f}} 1967; film {{FHL|190512|title-id|disp=416895}} or {{FHL|190512|title-id|disp=930248}}, item 2; fiche {{FHL|190512|title-id|disp=6046668}}.) The original wills, dated 1629–1802, are at the New York State Archives, and some are on microfilm at the Family History Library. Digital version at [http://www.americanancestors.org/Search.aspx?Ca=094&Da=204 New York Ancestors] ($).<br>
*Pelletreau, William Smith, editor, and Robert H. Kelby, indexer, ''Abstracts of Wills on File in the Surrogate's Office, City of New York, 1665–1801''. 17 Volumes. Collections of the New-York Historical Society, for the Years 1892–1908, Volumes. 25–41. New York, New York: New-York Historical Society, 1892–1909. (Family History Library book {{FHL|1282015|title-id|disp=974.7 B4n v. 25–41}}; films {{FHL|121453|title-id|disp=509196}}, 873857, and {{FHL|75581|title-id|disp=845296–302}}; fiche {{FHL|75581|title-id|disp=6046928}}.) Each volume is individually indexed. The original wills are at the State Archives and handwritten 19th century transcripts are bound in books at the New York County Surrogate's Court. Both sets are on film at the Family History Library, but the originals were filmed to only about 1738. The book and page numbers found in these published abstracts refer to the copies.
*Scott, Kenneth and James A Owre, editors. ''Genealogical Data from Inventories of New York Estates, 1666–1825.'' New York: New York Genealogical and Biographical Society, 1970. (Family History Library book {{FHL|974.7 P28s|disp=974.7 P28s}})
*Scott, Kenneth, editor. ''Genealogical Data from New York Administration Bonds, 1753–1799.'' Collections of the New York Genealogical and Biographical Society, Volume 10. New York, 1969. (Family History Library book {{FHL|111225|title-id|disp=974.7 B4ne v. 10}}.) From 1753–1799, bonds were required when wills were probated or letters of administration were issued. The bonds often give names, residences, occupations, and family relationships.
*Scott, Kenneth, editor. ''Genealogical Data from Further New York Administration Bonds, 1791–1798''. New York Genealogical and Biographical Society Collections, Volume 11. New York, 1971. (Family History Library book {{FHL|90466|title-id|disp=974.7 B4ne v. 11}}.)
*Sawyer, Ray C., compiler and editor. ''Index of Wills for New York County, 1662–1875''. Six Volumes. New York, New York: R. Sawyer, 1930–51. (Family History Library film {{FHL|199610|title-id|disp=860313}}.)
*Barber, Gertrude Audrey.''Index to Letters of Administration of New York County from 1743–1875''. Six Volumes. New York, New York: G. Barber, 1950–51. (Family History Library book {{FHL|202500|title-id|disp=974.71 P22b}}; film {{FHL|202500|title-id|disp=1425588 items 2–7}}.) Administrators are often relatives of the deceased.
*Remington, Gordon L., ''New York State Probate Records: A Genealogist's Guide to Testate and Intestate Records.'' Second Edition. New England Historic Genealogical Society, 2011. {{FHL|1047760|item|disp=FHL Book 974.7 D27rn}}


=== <br> ===
The Family History Library has similar abstracts for many other counties on microfilm. <br>  


'''Wiki articles describing online collections are found at:'''  
'''Wiki articles describing online collections are found at:'''  
Line 109: Line 264:
*[[New York, Queens County Probate Records (FamilySearch Historical Records)]]
*[[New York, Queens County Probate Records (FamilySearch Historical Records)]]


<br>
<br>  


== References  ==
== References  ==
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