|
Ancestry Daily News
10/23/2002 - Archive
| • |
Probate - An Introduction |
Probate - An Introduction
Among the most important genealogical records are the records of
probate—the process of settling an estate after someone's death. Since these
records frequently involve property and relationships they are especially helpful
to the genealogist. This week, we will provide an overview of these records.
In the United States, the probate process is governed by state statute. Consequently,
laws and practices will differ from state to state and from one time period
to another. Today there are more similarities than differences. However, that
was not the case in 1750.
We'll start with a slightly more recent example.
Hinrich and Trientje
I thought I had fairly well documented the lives of one ancestral couple:
Hinrich Sartorius and Trientje Behrens. From their marriage in Quincy, Illinois
in the 1860s until their death in the early 1900s, the details of their lives
are fairly well known. Death records, census records, obituaries, church records,
tombstones, vital records, and family information gave me what I thought was
a fairly complete picture of their lives. I had never taken the time to obtain
their probate information. While searching such records is a part of any comprehensive
research plan, I had not obtained the estate records for this couple. Their
children's names were fairly well documented from a variety of sources. What
time I did spend on this family was devoted to trying to locate Hinrich's Ostfriesen
origins.
Then, a very kind relative sent me information from their probate, and I learned
new details.
What Did I Learn?
The pages from Hinrich's Adams County, Illinois, probate in 1916 provided
the names and addresses of all his heirs at the time the estate was settled.
Relationships were not specifically stated in the document, nor was it possible
to infer anything other than that the individuals named were related to Hinrich.
What was news to me was the fact that Hinrich owned several hundred acres of
property in southern Minnesota in addition to his Adams County, Illinois, farm.
I knew one of Hinrich's sons had settled in Minnesota but was not aware that
Hinrich had made the initial purchase of property there. Trientje's will of
December 1920 unfortunately is not as informative.
Probate A Part Of Every Research Problem
Probate research should be a part of every good research design, even when
it seems that such information will not serve your current research goals. Wills
or other records of the settlement of an estate can provide excellent genealogical
clues and information on surviving family members. It can also provide an idea
of your ancestor's financial standing at the time of his death and perhaps a
clue as to his occupation if other records do not reveal that information. It
is important to remember not to judge your ancestor entirely on his probate
file. After all, few of us would want to be judged solely upon the value of
our estate at our own death.
Where To Obtain These Records?
Estate and probate records were (and still are) generally created at the
local level (typically the county). In more urban settings, a separate court
may handle probate matters. In rural areas, probate duties frequently are just
one part of the court's regular work. The place to begin your search for probate
records is usually with the county courthouse (see references at the end of
this article). We'll briefly discuss the records first.
The Records Themselves
Generally probate records are contained in packets of loose papers that
contain the original documents (will, receipts, inventories, and other paper
generated during the probate process) or in bound volumes that contain transcriptions
of these records and various orders by the judge or the court. Your ancestor
might not have had a valid will upon his demise. Two terms that make all the
difference are:
Testate—for those that left a valid will.
Intestate—for those that did not leave a valid will.
Packets Or Books?
In general, the earlier the time period, the more likely one is to find
the bound volumes of orders, wills, etc. and not the original papers. In some
jurisdictions, all the probate matters may be in one series of court books and
the probate records may be intermingled with records of other county courts
and with other court actions. In some areas, there may be a separate series
of books for copies of the will, inventories of the estate, executor bonds,
and so on. These bound volumes may be in addition to any packets containing
loose papers. One should take care to determine what records are available.
The references at the end of this column will provide an initial point of reference.
The only generalization about probate records that I can almost make safely
is that your ancestor should only have a probate file if he is dead. And I've
even seen cases where estate cases were filed and the "deceased" was
still alive. It pays to learn about the specific records in the locality where
your family lived.
Usually, the material in the order books was transcribed as the information
was obtained (e.g. as the inventory was conducted, as some property was sold,
etc.) and as the various orders of the court were carried out. The packet of
loose papers though, may have not been actually filed (and indexed) until the
estate was completely settled ("closed"). If the index entry is made
at this time, it might appear in the index several years or even decades after
the estate was opened. For this reason it pays to search a probate index for
several years after the individual's death. I always look as far as twenty years
after the person's death. If I do not find a probate, then I search other court
actions to see if there was some action involving the estate that took place
in a court other than the one of probate.
Searching The Records
There will not be a complete index to every name mentioned in every document
in a probate record. Indexes generally are available to the names of those whose
estates are being settled. For this reason, it is a good idea to view those
estate records of relatives and friends or neighbors of your ancestor for potential
additional information.
Still Stuck?
Consult the references cited at the end of this article, or post a question
on the specific county message board at RootsWeb (http://boards.rootsweb.com).
Those familiar with the records for your particularly jurisdiction of interest
are most likely to know particular nuances in your area. And it seems like every
area has its own nuances.
Where And When Do I Look?
The place to begin searching is the county where the person died and most
likely owned property (unless they were only visiting the location where they
passed away). If the person owned property in other jurisdictions try those
areas as well, keeping mind that usually probate courts follow county lines.
If a person owned property in more than one county or political jurisdiction,
typically the estate will be administered in the area where the bulk of the
property was located.
What Do I Need To Look At?
It is also necessary to have at least an approximate year or time span when
the individual died. A death date may be obtained from a death certificate,
a tombstone, etc. A death date may be partially inferred from an absence in
a census record, a spouse remarrying, etc.
In an upcoming article, we will look at the probate process in more detail.
Keep in mind that the records of how your ancestor's property was transferred
to his heirs after his death are among the most valuable genealogical records
available.
References
The following references will assist you in determining who created and
maintains probate records in the area in which you are researching:
The Source: A Guidebook of American Genealogy, edited by Lou Szucs and
Sandra Luebking.
www.ancestry.com/rd/prodredir.asp?sourceid=831&key=P1026
This provides additional information on the probate process and a summary of
records across the United States.
Ancestry's Redbook: American State County & Town Sources, edited
by Alice Eichholz
www.ancestry.com/rd/prodredir.asp?sourceid=831&key=P2113
This reference provides specific information for each of the fifty United States.
Appropriate County USGENWEB Page
www.usgenweb.org
Browse to your state and county of choice.
State Archives Website.
www.ancestry.com/rd/prodredir.asp?sourceid=831&key=A636501
Some state archives actually have early probate records for their states. In
some cases, the state archives site contains information about the types of
records available at the local level.
Family History Library Research Guides.
www.familysearch.org/Eng/Search/RG/frameset_rhelps.asp
These state-specific reference guides provide information on the records available
in each state. It is possible that the Family History Library has microfilmed
records for the areas being researched. These guides are a wonderful reference
for each state where you have ancestors.
County Addresses from the National Association of Counties (NACo)
www.naco.org/counties/counties/index.cfm
Other Reading
"The Reality of Sarah's Realty," — from the Ancestry Daily
News
www.ancestry.com/rd/prodredir.asp?sourceid=831&key=A544301
Michael John Neill, is the Course I Coordinator at the Genealogical Institute
of Mid America (GIMA) held annually in Springfield, Illinois, and is also on
the faculty of Carl Sandburg College in Galesburg, Illinois. Michael is the
Web columnist for the FGS FORUM and is on the editorial board of the Illinois
State Genealogical Society Quarterly. He conducts seminars and lectures on a
wide variety of genealogical and computer topics and contributes to several
genealogical publications, including Ancestry and Genealogical Computing.
You can e-mail him at: mneill@asc.csc.cc.il.us
or visit his website at: www.rootdig.com/,
but he regrets that he is unable to assist
with personal research.
Copyright 2002, MyFamily.com Inc.
|
|
 |
|
