Editor's Note: This article is the second in a two-part series. Read Part I.
In last week's "Along Those Lines . . ." column, we began a discussion about probate packets. These are the documents used in the settlement of a person's estate after that person has died. In this week's "Along Those Lines . . ." column, we'll go beyond the processes involved in the creation of probate records and examine how to find the records and what they contain.
Seeking the Probate Packet
In the course of your research, you should always note the place—city and county—where an event occurs, because probate records, like many other genealogical record types, are located by geographic region. You should also record the county that had jurisdiction over the place the event occurred; that way, you know which courthouse to contact or visit to obtain record copies. The National Association of Counties' Web site is a great place to determine contact information about a county. In particular, you will find addresses, telephone numbers, and contact names. In some cases, as in Floyd County, GA, you may even find the name of the current probate court judge, and you might want to write directly to the judge's office for information. By paying attention to locations of events, you should be able to find any existing probate records through county courts.
What Will You Find in a Probate Packet?
You may be amazed at what is or isn't in a probate packet. Some courts are very meticulous in their maintenance of the packets, in which case, you may find vast amounts of documents. Other courts are less thorough, and documents may have been misplaced, incorrectly filed, lost, or even destroyed. It is important when examining probate packets to also review probate court minutes for details. (I once found a missing document from one ancestor's probate packet filed in the packet of another person whose estate was heard in court the same day. It had been misfiled.)
Among the documents you are likely to find in a probate packet and the details you may learn are:
Will and codicil(s). These documents are the core of a probate packet and include names of heirs and beneficiaries and often relationships to the deceased. Married names of daughters are great clues to tracing lines of descent, and names of other siblings may only be located in these documents.
Letters Testamentary. Look for a copy of this document in the probate packet. If it isn't there, look in court records. The name(s) of the actual executor/executrix and/or administrator may well be different from that named in the will. You will want to determine the actual person(s) and his or her relationship (if any) to the deceased. It is important to know if and why the named executor did not serve. Was he/she deceased, or did he or she decline to serve?
Inventory of the estate. The inventory will reveal the financial state of the deceased, which is a good indicator of his/her social status. The inventory of personal property will also provide indicators to the person's lifestyle. The presence of farm equipment and livestock may indicate that the person was a farmer; an anvil and metal stock might point to blacksmithing as a profession; hammers, chisels, nails, a level, and other tools may reveal carpentry. In an eighteenth century estate inventory, the presence of books indicates education and literacy, and the possession of a great deal of clothing and shoes indicates an elevated social position. There are many indicators. You may even find items listed in the inventory that confirm family stories, such as military medals.
List of beneficiaries. The list of persons who collected an inheritance may differ from the list of names in the will. Beneficiaries may be deceased; they may have married and have a different name; they may not be locatable; or their descendants or spouses may have become inheritors. This list will tell you much about the family.
Records of an auction. Sometimes all or part of an estate was auctioned. Assets were sometimes liquidated to pay bills or to raise money for the surviving family. Auction records will reveal much about estate contents and their value. It was common for relatives to participate as bidders/purchasers at an estate auction, and you may find participants with the same surname (or maiden name) as the deceased. These may be parents, siblings, or cousins you will want to research.
Deeds, notes, bills, invoices, and receipts. There may be a variety of loose papers in the probate packet that point to other persons. Deed copies will point you to land and property records and tax rolls. Names appearing on other papers may connect you to relatives, neighbors, friends, and business associates whose records may open doors for you.
Accounting reports. Reports filed with the documents can provide names of claimants and entities holding estate debts, including names of relatives.
Final disposition of the estate. This report is of vital importance. You may find the names and addresses of all the beneficiaries, and what each received from the estate. This will ultimately point you to the locations where you will find other records for these persons.
As you can see, there are many clues in probate packets. Those listed above are only the more common records available, but you may also discover letters from family members to the court or to the executor/executrix/administrator. Remember to look at both the packet and the court minutes, and you will find a wealth of information in those probate records.
Happy Hunting!
George
Are you looking for the perfect winter getaway? Join George and others on "Genealogy Cruise 2001: A Family History Odyssey"! We're headed on a cruise from Tampa Bay to Key West and back from February 1-4, 2001. Along the line, we'll enjoy the pleasure of ocean-going sailing and have five on-board genealogy workshops. We will also have lots of time in Key West for shopping, touring the famous cemetery, visiting Hemingway House and Audubon House, and more. For complete information, visit the Web site. Space is limited, and the ship is filling up fast!
George G. Morgan is a proud member of the International Society of Family History Writers and Editors, Inc. (ISFHWE). He would like to hear from you at atl@ahaseminars.com, but due to the volume of e-mail received, he is unable to answer every e-mail message received. Please note that he cannot assist you with your individual research. Visit George's Web site for information about speaking engagements. George is also the author of The Genealogy Forum on America Online, which is available in the Ancestry E-Store.
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"Along Those Lines"
