Probate Records

What Probate Records Are[edit | edit source]

Probate is the legal process distributing real estate (property) and personal estate (possessions) to a person's heirs.
Testate is the term used when a will existed. Intestate means there was no will, and the court administers and distributes the estate.
Other documents may be found in the full probate packet.
Probate records are available for only about 10% of families, usually landowners and the wealthy. Most farmers, merchants, and artisans did not own their own farms or shops and did not leave wills.
Probate records often pre-date other birth and death records.
Wills are found in the town or county where the person lived when the will was made or where they died.
Probate records may include the deceased's date of death; names, relationships, residences of heirs and guardians; and names of witnesses.
Most wills were left by males with property; however, wills often list the names of the deceased's family and friends, so that many more people are listed in probate records than actually left them.

Information recorded may include:

Probate records are kept on the county level for most of the United States and any online records will be found in the corresponding county Wiki pages.
For general information about probate records, see United States Probate Records
United States Wills and Deeds Experimental Search at FamilySearch - try this index to probate records for the United States.
Select a State then go to the clickable map to select the county your ancestor died in.

Probate records are kept on the county or district level for most of Canada and any online records.
For general information about probate records, see Canada Probate Records
Select a province then go to the clickable map to select the county or district your ancestor died in.