New Zealand, Archives New Zealand, Probate and Miscellaneous Records - FamilySearch Historical Records: Difference between revisions

This collection covers the years 1878-1960.

Anyone of legal age and sound mind, who owned property (real or personal) in New Zealand, had the right to leave a will. The probate process began with a testator executing a will, followed by witnesses attesting and subscribing the will. After the death of a testator, the will was probated by the executor, usually at the court nearest the deceased’s place of residence.

Some wills were not probated in a court. If the estate was small and there were no disagreements among the heirs, it was not necessary to probate the will. Many such wills are found only in family papers or in the private files of the lawyer who drew up the document.

A will disposing of property only in a foreign country could not be probated in New Zealand. In this instance, it is necessary to determine the deceased’s country of origin or the area where property was owned to access appropriate probate documents. 

Primary records of genealogical value created in the probate process include wills (those disposing of land or real property), testaments (those disposing of personal property), letters of administration and probate register books. Often a will and testament are included together in one document.  

Whereas a will was the only record necessary for the transfer of property and belongs to family and close friends, disagreements often occurred. To solve such disagreements, all those involved instigated a probate. The records in this collection represent the eventual conclusions of those probate hearings. 

While probate records are one of the most accurate sources of genealogical evidence, they must be used with some caution. For example, they may omit the names of deceased family members or those who have previously received an inheritance. The spouse mentioned in a will may not be the parent of the children mentioned, or relationships noted in the will may not have the same meaning as they do today. 

Probate records are court records that describe the distribution of a person's estate after he or she dies. 

Even though probate records were not created for every person who died, they are very helpful for research because civil authorities began recording probate actions earlier than they recorded birth and death records. 

| text=<!--bibdescbegin-->Supreme Court. New Zealand, Probate Records. National Archives, Wellington, New Zealand.<!--bibdescend--> }}  

{{HR Known Issues}}For a full list of all known issues associated with this collection see the attached [[New Zealand Probate Records (FamilySearch Historical Records)/Known Issues|Wiki article]]. If you encounter additional problems, please email them to [mailto:support@familysearch.org support@familysearch.org]. Please include the full path to the link and a description of the problem in your e-mail. Your assistance will help ensure that future reworks will be considered.<br>

"New Zealand, Probate Records" index and images, ''FamilySearch'' (https://ds.familysearch.org/pal:/MM9.3.1/TH-1951-21311-24752-43?cc=1865481&amp;wc=MMM2-38C:n1057584975&nbsp;: accessed 7 August 2012),&gt; Blenheim Supreme Courty &gt; Probates 1955-1956 rec 3485, 3447, 3426-3504 &gt; Image 506 of 854; Joseph Harvey Michelle, 8 November 1955; citing Court Records; Probate files, 1925-1926, rec, 2215-2252, images 1-14; National Library of New Zealand, Aukland, New Zealand.