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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|RTENOTITLE]] [[New York]] [[Image:Gotoarrow.png|RTENOTITLE]] [[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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Some wills are recorded in Arnold van Laer's Register of the Provincial Secretary, 1638–1660.  
Some wills are recorded in Arnold van Laer's Register of the Provincial Secretary, 1638–1660.  
 
<div style="float: left; width: 147%;">
From 1656–1668, orphanmasters were appointed to oversee the inheritances of minors. In 1668 the orphanmasters court ceased to exist in New Netherland. Their surviving records, primarily for New York families, are at the New York City Municipal Archives, and are translated and published in:  
From 1656–1668, orphanmasters were appointed to oversee the inheritances of minors. In 1668 the orphanmasters court ceased to exist in New Netherland. Their surviving records, primarily for New York families, are at the New York City Municipal Archives, and are translated and published in:  


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Many wills were recorded in deed books—particularly in English settlements in New Netherland, such as Gravesend and the eastern towns of Long Island outside Dutch jurisdiction. When the English took over, probates were initially under the jurisdiction of either the court of assizes or the courts of session. By 1686, the governor's prerogative court centralized the recording of probates. In the colonial era, the prerogative court usually probated wills and administrations. The governor, who functioned as the "ordinary" or "surrogate general," had the authority to probate estates. Because the governor could not personally oversee probates, he appointed local surrogates to act in his behalf.  
Many wills were recorded in deed books—particularly in English settlements in New Netherland, such as Gravesend and the eastern towns of Long Island outside Dutch jurisdiction. When the English took over, probates were initially under the jurisdiction of either the court of assizes or the courts of session. By 1686, the governor's prerogative court centralized the recording of probates. In the colonial era, the prerogative court usually probated wills and administrations. The governor, who functioned as the "ordinary" or "surrogate general," had the authority to probate estates. Because the governor could not personally oversee probates, he appointed local surrogates to act in his behalf.  


Hoff published a list of New York probates recorded in Massachusetts in 1688-1689.<ref>Henry B. Hoff, "New York Probates Recorded in Massachusetts, 1688-1689, During the Dominion of New England," ''The New York Genealogical and Biographical Record,'' Vol. 139, No. 4 (Oct. 2008):266-268. Digital version at [http://www.newyorkfamilyhistory.org/public-elibrary New York Family History] ($); {{FHL|1181533|item|disp=FHL Book 974.7 B2n v. 139}}.</ref>
Hoff published a list of New York probates recorded in Massachusetts in 1688-1689.<ref>Henry B. Hoff, "New York Probates Recorded in Massachusetts, 1688-1689, During the Dominion of New England," ''The New York Genealogical and Biographical Record,'' Vol. 139, No. 4 (Oct. 2008):266-268. Digital version at [http://www.newyorkfamilyhistory.org/public-elibrary New York Family History] ($); {{FHL|1181533|item|disp=FHL Book 974.7 B2n v. 139}}.</ref>  


In 1691, city and county courts of common pleas also began handling probate matters. Courts of common pleas began handling probates in each county, with the exception that estates in the southern district (Orange, Richmond, Westchester, and Kings counties) were proved in New York County. (The Orange County Court of Common Pleas was allowed in 1750 to rule on probates.) Wills from Suffolk and Queens counties were also filed in New York. All these records later came into the custody of the New York County Surrogate's Court. Before 1787, some wills were also recorded in county and town records.  
In 1691, city and county courts of common pleas also began handling probate matters. Courts of common pleas began handling probates in each county, with the exception that estates in the southern district (Orange, Richmond, Westchester, and Kings counties) were proved in New York County. (The Orange County Court of Common Pleas was allowed in 1750 to rule on probates.) Wills from Suffolk and Queens counties were also filed in New York. All these records later came into the custody of the New York County Surrogate's Court. Before 1787, some wills were also recorded in county and town records.  
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When Albany became the capital of New York in 1797, many records were moved there, particularly for areas outside the southern district. These records were first in the custody of the court of probates and later the court of appeals; therefore, they are not at the Albany County Surrogate's office. As a result of a 1799 law, most pre-1787 probates from Kings, New York, Queens, Richmond, Suffolk, and Westchester Counties that had been sent to Albany were returned to the New York County Surrogate's Court in 1802. They were later deposited at Queens College, and have recently been transferred to the New York State Archives.  
When Albany became the capital of New York in 1797, many records were moved there, particularly for areas outside the southern district. These records were first in the custody of the court of probates and later the court of appeals; therefore, they are not at the Albany County Surrogate's office. As a result of a 1799 law, most pre-1787 probates from Kings, New York, Queens, Richmond, Suffolk, and Westchester Counties that had been sent to Albany were returned to the New York County Surrogate's Court in 1802. They were later deposited at Queens College, and have recently been transferred to the New York State Archives.  


When the court of chancery was abolished in 1847, its records were also sent to the court of appeals of Albany. In the 1960s, these and many records of the New York County Surrogate's Court were sent to The Historical Documents Collection at Queens College, where they were later microfilmed. The court of appeals documents have since been transferred back to Albany to the New York State Archives. These records are now at the state archives as Records of the New York Court of Probates and its Colonial Predecessors, 1664–1823. The collection contains wills, 1671–1815; accounts, 1666–1823; and administrations, 1700–1823. The records of the First Circuit Chancery Court are still at the New York County Courthouse, Office of the City Clerk.
When the court of chancery was abolished in 1847, its records were also sent to the court of appeals of Albany. In the 1960s, these and many records of the New York County Surrogate's Court were sent to The Historical Documents Collection at Queens College, where they were later microfilmed. The court of appeals documents have since been transferred back to Albany to the New York State Archives. These records are now at the state archives as Records of the New York Court of Probates and its Colonial Predecessors, 1664–1823. The collection contains wills, 1671–1815; accounts, 1666–1823; and administrations, 1700–1823. The records of the First Circuit Chancery Court are still at the New York County Courthouse, Office of the City Clerk.  


== State Statutes  ==
== State Statutes  ==
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Understanding the New York 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 New York 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 New York state statutes relating to probate matters can be found at law libraries. For example:<br>
Additional information about New York state statutes relating to probate matters can be found at law libraries. For example:<br>  


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:  
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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>  
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>  


{| border="1" cellspacing="1" cellpadding="1" width="700"
{| width="700" cellspacing="1" cellpadding="1" border="1"
|-
|-
| County  
| County  
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| FHLC
| FHLC
|-
|-
| [[Allegany_County,_New_York|Allegany]]
| [[Allegany County, New York|Allegany]]  
| 1897–1930  
| 1897–1930  
| In FHLC as "Surrogates Records"<br>  
| In FHLC as "Surrogates Records"<br>  
| {{FHL|224676|item|disp=FHL Film 594805(first of over 500 films)}}<br>
| {{FHL|224676|item|disp=FHL Film 594805(first of over 500 films)}}<br>
|-
|-
| [[Cayuga_County,_New_York|Cayuga]]
| [[Cayuga County, New York|Cayuga]]  
| 1799–1905  
| 1799–1905  
| In FHLC as "Surrogates Records" <br>  
| In FHLC as "Surrogates Records" <br>  
| {{FHL|297489|item|disp=FHL Film 861020(first of over 1000 films)}}<br>
| {{FHL|297489|item|disp=FHL Film 861020(first of over 1000 films)}}<br>
|-
|-
| [[Chautauqua_County,_New_York|Chautauqua]]
| [[Chautauqua County, New York|Chautauqua]]  
| Nil  
| Nil  
| Petitions in "probate of wills books" 1841–1901<br>  
| Petitions in "probate of wills books" 1841–1901<br>  
| {{FHL|218227|item|disp=FHL Film 810272(first of 17 films) Index available}}<br>
| {{FHL|218227|item|disp=FHL Film 810272(first of 17 films) Index available}}<br>
|-
|-
| [[Chemung_County,_New_York|Chemung]]
| [[Chemung County, New York|Chemung]]  
| 1836–1900  
| 1836–1900  
| In FHLC as "Estate Papers"  
| In FHLC as "Estate Papers"  
| {{FHL|303554|item|disp=FHL Film 869194(Index to 207 films)}}<br>
| {{FHL|303554|item|disp=FHL Film 869194(Index to 207 films)}}<br>
|-
|-
| [[Columbia_County,_New_York|Columbia]]
| [[Columbia County, New York|Columbia]]  
| 1830–1880<br>  
| 1830–1880<br>  
| In FHLC as "will papers" and "administration papers" 1830–1880<br>  
| In FHLC as "will papers" and "administration papers" 1830–1880<br>  
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|-
|-
| [[Cortland_County,_New_York|Cortland]]
| [[Cortland County, New York|Cortland]]  
| 1810–1893<br>  
| 1810–1893<br>  
| In FHLC as "Estate Files" 1810–1893<br>  
| In FHLC as "Estate Files" 1810–1893<br>  
| {{FHL|553477|item|disp=FHL Film 1819656(first of 27 films)}}<br>
| {{FHL|553477|item|disp=FHL Film 1819656(first of 27 films)}}<br>
|-
|-
| [[Delaware_County,_New_York|Delaware]]
| [[Delaware County, New York|Delaware]]  
| 1797–1915<br>  
| 1797–1915<br>  
| In FHLC as "Estate papers and proceedings, 1797–1900<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>
| {{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_County,_New_York|Dutchess]]
| [[Dutchess County, New York|Dutchess]]  
| 1793–1868<br>  
| 1793–1868<br>  
| In FHLC as "Probate Packets"<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>
| {{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_County,_New_York|Erie]]
| [[Erie County, New York|Erie]]  
| 1800–1929<br>  
| 1800–1929<br>  
| In FHLC as "Surrogates Records"<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>
| {{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>
|-
|-
| [[Genesee_County,_New_York|Genesee]]
| [[Genesee County, New York|Genesee]]  
| Nil<br>  
| Nil<br>  
| Petitions in "probate books" 1856–1908<br>  
| Petitions in "probate books" 1856–1908<br>  
| {{FHL|221551|item|disp=FHL Film 811142(first of 6 films)}} Includes index.<br>
| {{FHL|221551|item|disp=FHL Film 811142(first of 6 films)}} Includes index.<br>
|-
|-
| [[Greene_County,_New_York|Greene]]
| [[Greene County, New York|Greene]]  
|  
|  
yes(alpha) 1800–1883+  
yes(alpha) 1800–1883+  
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| {{FHL|306810|item|disp=FHL Film 480114(first of 126 films)}}<br>
| {{FHL|306810|item|disp=FHL Film 480114(first of 126 films)}}<br>
|-
|-
| [[Hamilton_County,_New_York|Hamilton]]
| [[Hamilton County, New York|Hamilton]]  
| 1861–1908<br>  
| 1861–1908<br>  
| In FHLC as "Estate papers"<br>  
| In FHLC as "Estate papers"<br>  
| {{FHL|234851|item|disp=FHL Film 550037(first of 9 films)}}<br>
| {{FHL|234851|item|disp=FHL Film 550037(first of 9 films)}}<br>
|-
|-
| [[Herkimer_County,_New_York|Herkimer]]
| [[Herkimer County, New York|Herkimer]]  
| 1792–1900<br>  
| 1792–1900<br>  
| In FHLC as "Estate papers"<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>
| {{FHL|317437|item|disp=FHL Film 847496(first of 300 films)}} Filed by Last letter of Surname.<br>
|-
|-
| [[Jefferson_County,_New_York|Jefferson]]
| [[Jefferson County, New York|Jefferson]]  
| 1805–1900(1945)<br>  
| 1805–1900(1945)<br>  
| In FHLC as "Estate papers"<br>  
| In FHLC as "Estate papers"<br>  
| {{FHL|316042|item|disp=FHL Film 894445 Item 3(first of 278 films)}} First film is an index.<br>
| {{FHL|316042|item|disp=FHL Film 894445 Item 3(first of 278 films)}} First film is an index.<br>
|-
|-
| [[Kings_County,_New_York|Kings]]
| [[Kings County, New York|Kings]]  
| 19th Century<br>  
| 19th Century<br>  
| FHL has petitions interfiled by type of estate<br>  
| FHL has petitions interfiled by type of estate<br>  
| {{FHL|342755|subject_id|disp=Kings County Probate records}}<br>
| {{FHL|342755|subject_id|disp=Kings County Probate records}}<br>
|-
|-
| [[Madison_County,_New_York|Madison]]
| [[Madison County, New York|Madison]]  
| 1806–1876<br>  
| 1806–1876<br>  
| In FHLC as "Estate records"<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>
| {{FHL|50982|item|disp=FHL Film 425297(first of 77 films)}} Records are in case number order.<br>
|-
|-
| [[New_York_County,_New_York|New York]]
| [[New York County, New York|New York]]  
| 19th Century<br>  
| 19th Century<br>  
| FHL has petitions interfiled by type of estate<br>  
| FHL has petitions interfiled by type of estate<br>  
| {{FHL|370259|subject_id|disp=New York County Probate records}}<br>
| {{FHL|370259|subject_id|disp=New York County Probate records}}<br>
|-
|-
| [[Niagara_County,_New_York|Niagara]]
| [[Niagara County, New York|Niagara]]  
| 1822–1932<br>  
| 1822–1932<br>  
| In FHLC as "Probate Records"<br>  
| In FHLC as "Probate Records"<br>  
| {{FHL|236611|item|disp=FHL Film 900543(first of 1068 films)}} First film is an index.<br>
| {{FHL|236611|item|disp=FHL Film 900543(first of 1068 films)}} First film is an index.<br>
|-
|-
| [[Oneida_County,_New_York|Oneida]]
| [[Oneida County, New York|Oneida]]  
| yes (1867–1965)<br>  
| yes (1867–1965)<br>  
| In FHLC as "Probate Proceedings"<br>  
| In FHLC as "Probate Proceedings"<br>  
| {{FHL|381890|item|disp=FHL Film 398052(first of 92 films)}}<br>
| {{FHL|381890|item|disp=FHL Film 398052(first of 92 films)}}<br>
|-
|-
| [[Otsego_County,_New_York|Otsego]]
| [[Otsego County, New York|Otsego]]  
| 1829–1934<br>  
| 1829–1934<br>  
| In FHLC as "Petitions for probate"<br>  
| In FHLC as "Petitions for probate"<br>  
| {{FHL|229095|item|disp=FHL Film 947947(first of 13 films)}}<br>
| {{FHL|229095|item|disp=FHL Film 947947(first of 13 films)}}<br>
|-
|-
| [[Queens_County,_New_York|Queens]]
| [[Queens County, New York|Queens]]  
| 1830–1865<br>  
| 1830–1865<br>  
| In FHLC as "Probate proceedings"<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>
| {{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_County,_New_York|Rensselaer]]
| [[Rensselaer County, New York|Rensselaer]]  
| yes (1793–1906)<br>  
| yes (1793–1906)<br>  
| In FHLC as "Probate Records"<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>
| {{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_County,_New_York|Rockland]]
| [[Rockland County, New York|Rockland]]  
| 1802–1900<br>  
| 1802–1900<br>  
| In FHLC as "Probate Records"<br>  
| In FHLC as "Probate Records"<br>  
| {{FHL|223296|item|disp=FHL Film 819733(first of 96 films)}}<br>
| {{FHL|223296|item|disp=FHL Film 819733(first of 96 films)}}<br>
|-
|-
| [[Seneca_County,_New_York|Seneca]]
| [[Seneca County, New York|Seneca]]  
| 1830–1911<br>  
| 1830–1911<br>  
| In FHLC as "Stanley I. Reynolds Collection" [typescript]<br>  
| In FHLC as "Stanley I. Reynolds Collection" [typescript]<br>  
| {{FHL|319921|item|disp=FHL Film 812847}}<br>
| {{FHL|319921|item|disp=FHL Film 812847}}<br>
|-
|-
| [[Tompkins_County,_New_York|Tompkins]]
| [[Tompkins County, New York|Tompkins]]  
| 1818–1900<br>  
| 1818–1900<br>  
| In FHLC as "Petitions, proof of wills, letters of administration, and estate papers"<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>
| {{FHL|252649|item|disp=FHL Film 869195 (first of 59 films)}}<br>
|-
|-
| [[Ulster_County,_New_York|Ulster]]
| [[Ulster County, New York|Ulster]]  
| (1707) 1787–1921<br>  
| (1707) 1787–1921<br>  
| In FHLC as "Probate records, 1707–1921 approx."<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>
| {{FHL|306377|item|disp=FHL Film 941437 Item 1 (first of 173 films)}} First film is an index to filing boxes. <br>
|-
|-
| [[Warren_County,_New_York|Warren]]
| [[Warren County, New York|Warren]]  
| yes (1813–1955)<br>  
| yes (1813–1955)<br>  
| In FHLC as "Estate records, No. 1–13, 353; book of wills"<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>
| {{FHL|285271|item|disp=FHL Film 441867(first of 203 films)}} First film is an index to Estate records. <br>
|-
|-
| [[Westchester_County,_New_York|Westchester]]
| [[Westchester County, New York|Westchester]]  
| 1775–1900<br>  
| 1775–1900<br>  
| In FHLC as "Estate tax files, 1775–1900"<br>  
| In FHLC as "Estate tax files, 1775–1900"<br>  
| {{FHL|209885|item|disp=FHL Film 597819 (first of 690 films)}}<br>
| {{FHL|209885|item|disp=FHL Film 597819 (first of 690 films)}}<br>
|-
|-
| [[Wyoming_County,_New_York|Wyoming]]
| [[Wyoming County, New York|Wyoming]]  
| 1841–1900<br>  
| 1841–1900<br>  
| In FHLC as "Petition and proofs of wills, 1841–1900" and "Petitions, bonds of administrators, 1841–1900"<br>  
| In FHLC as "Petition and proofs of wills, 1841–1900" and "Petitions, bonds of administrators, 1841–1900"<br>  
Line 227: Line 227:
|}
|}


<ref>Henry B. Hoff, "Navigating New York Probate," ''American Ancestors'' 12 (Fall 2011): 56.</ref>
<ref>Henry B. Hoff, "Navigating New York Probate," ''American Ancestors'' 12 (Fall 2011): 56.</ref>  


===== Recorded Records  =====
===== Recorded Records  =====
Line 239: Line 239:
*[http://www.sampubco.com/wills/ny/newyork.htm SAMPUBCO] - Index of testators of many thousands of Wills.
*[http://www.sampubco.com/wills/ny/newyork.htm SAMPUBCO] - Index of testators of many thousands of Wills.


<br>
<br>  


== How to Obtain Probate Records  ==
== How to Obtain Probate Records  ==
Line 268: Line 268:
*[[New York, Queens County Probate Records (FamilySearch Historical Records)]]
*[[New York, Queens County Probate Records (FamilySearch Historical Records)]]


<br>
<br>  


== References  ==
== References  ==
Line 274: Line 274:
{{reflist}}  
{{reflist}}  


{{New York|New York}}  
{{New York|New York}} {{-}}
 
[[Category:New_York|Probate Records]] </div>
[[Category:New_York|Probate Records]]
DiltsGD
73,385

edits

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