United States Probate Limitations: Difference between revisions

United States Probate Limitations (view source)

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 ''[[United States|United States&nbsp;]] [[Image:Gotoarrow.png]]&nbsp; [[United States Probate Records|Probate Records&nbsp;]] [[Image:Gotoarrow.png]]&nbsp; [[United_States_Probate_Limitations|Limitations]]''
-== Limitations of a will  ==
+While probate records are one of the most accurate sources of genealogical evidence, they must be used with some caution.
-'''''Give an explanation of how to overcome each of these.'''''
+=== Limitations of probate records  ===
+The following limitations should be considered when using probate records:
+*Not everyone left an estate that was probated by a court.
+*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.
+*Probate-related records can be filed in more than one cabinet, ledger, or packet and in more than one office.
+*Transcribed records might be incomplete, misread, or incorrectly transcribed so consult the original when possible.
+=== 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
+*Not everyone left a will.
-*The will may omit a deceased child
+*The wife mentioned in the will may not be the mother of the children mentioned in the will.
-*The will may omit a child who already received their inheritance
+*The will may omit a deceased child.
-*Maiden names of female spouses are not usually mentioned
+*The will may omit a child who already received his or her inheritance.
-*Children are not always listed in birth order; sons may be listed before the daughters&nbsp;
+*Maiden names of female spouses are not usually mentioned.
-*No every-name index for those listed in the will
+*Children are not always listed in birth order; sons may be listed before the daughters.
-*May have a problem with punctuation--Mary Beth, one name or two?
+*Those named are not necessarily related to the testator.
-*Sometimes cannot determine the difference between married and middle names
+*There are no every-name indexes for those listed in the will.
-*Relationships may be misleading<br>
+*There may be a problem with lack of punctuation. For example, is Mary Beth one name or two?
+*It can be difficult to determine the difference between married and middle names.
+*Relationships may be misleading:
 *:Uncle/aunt may be spouses
-*:Cousin may mean nephew/neice
+*:Cousin may mean nephew/niece
-*:In early wills, son-in-law could mean step son or nephew could mean grandson
+*:Son-in-law could mean stepson or nephew could mean grandson
-*:Brother and sister may mean brother and sister in the gospel
+*:Brother and sister may mean brother and sister in the Gospel
+=== Overcoming Limitations  ===
+The following strategies can be used to overcome these limitations:
+*Don't make assumptions.
+*Look at other records. Analyze the evidence from a variety of records and correlate the results.
+*Search for related transactions that might be found in court records, land records, guardianship records, and vital records.
+*Search other jurisdictions for the related records mentioned above. For instance, land might have been owned in more than one locality, a marriage may have taken place in another county or state, or records might have been transferred to a regional or state repository.
+=== Sources  ===
-== Limitations of probate records  ==
+*Greenwood, Val D. Third edition. ''The Researcher's Guide to American Genealogy. ''Baltimore: Genealogical Publishing Co., Inc. 2000. Of particular interest are the chapters, "Understanding Probate Records and Basic Legal Terminology," "What About Wills?" and "The Intestate—Miscellaneous Probate Records—Guardianships."
+*Rose, Christine. ''Courthouse Research for Family Historians: Your Guide to Genealogical Treasures.'' San Jose, California: CR Publications, 2004. Of particular interest are the chapters, "Estates Galore," "Estate Documents," "Milking Every Clue from Estates," and "Strategies that Work."
+*Szucs, Loretto Dennis and Sandra Hargreaves Luebking, editors. ''The Source.'' Third edition. Salt Lake City, Utah: Ancestry, Inc., 2006. Of particular interest is the section, "Probate," pages 268 - 277.
-*Not everyone left a will
+[[Category:United_States_Probate_Records]]
-*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