United States Probate Limitations

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Limitations of a will

When analyzing a will record, be aware of the following potential problems:

• The spouse mentioned in the will may not be the mother of the children mentioned in the will
• The will may omit a deceased child
• The will may omit a child who already received their inheritance
• Maiden names of female spouses are not usually mentioned
• Children are not always listed in birth order
• No every-name index for those listed in the will

Limitations of probate records

• Not everyone left a will
• Not all relatives are listed--usually only the wife and children
• Date of death is usually not given
• Indexes usually list testator, not heirs or beneficiaries
• Information on the residence of relatives is rare