Editor's Note: This article is the first in a two-part series. Read Part II.

Have you ever looked at one of your ancestor's probate packets? Wills and probate packets are among the most interesting and revealing sets of records you can find for an individual. You will find them among the records of the county probate court, usually in the state and county in which the person resided at the time of his or her death.

A person's will may be one of the most honest statements about his or her relationships with other family members and friends. And the probate packet's contents can provide information and insights into the person that you may never find anywhere else. In this week's and next week's "Along Those Lines . . . " columns, we're going to examine the probate process and then look at some examples of the contents of a typical probate packet. I think you will enjoy this two-part article on a very important topic in your genealogical research.

How Does the Probate Process Work?
A person's last will and testament is intended to express his or her wishes for what is to happen to any possessions after death. In many cases, a person's will may include instructions concerning the disposition of the body, funeral directions, and/or memorial instructions. A will may be revoked through the creation of a new will or through a document known as a codicil. A codicil can be used to revoke and/or amend specific sections of a will without the person having to write an entirely new will. It may also be used to append additional, supplemental instructions to an existing will. In all cases, however, a will or codicil must be signed by the individual and witnessed by at least two other persons. Sometimes the document is also witnessed by a notary public.

The word probate is derived from the Latin probatum, meaning thing proved, and probare, which means to test. The probate process is a legal procedure intended to certify that a person's estate is properly disposed of, and the process has changed very little over the past several centuries. Where there is a will and it is presented to a court to be proved, there is usually a probate process that takes place. In cases where a person dies intestate (without a will), a court may become involved in making sure the person's estate is correctly valued, divided, and distributed to appropriate beneficiaries.

While there may be some special conditions of a will or codicil that add additional steps to the process, here's how a simple probate process works:

1. The testator/testatrix makes his/her will and any subsequent codicil(s).

2. The testator/testatrix dies.

3. Someone involved in the testator/testatrix's legal affairs or estate presents the will/codicil(s) to a special court of law called the probate court. The probate court and its judge are concerned with the body of law devoted to processing estates. (Minutes and notes concerning the estate and any probate court proceedings related to the estate are recorded throughout the process and should not be overlooked in your research of the estate.)

4. The will/codicil(s) are recorded by the probate court. The persons who witnessed the testator/testatrix's signature are called upon to testify—in person or by sworn affidavit—that they witnessed the actual signing of the document(s). This is part of the "proving" of the will—that the document(s) contain an authentic signature.

5. The probate court assigns an identifying code, usually a number, to the estate. A probate packet is then created for the court, into which all documents pertaining to the settlement of the estate are placed. If the will or codicil(s) has named one or more persons to act as executor/executrix and/or administrator of the estate, the probate court issues what is called Letters Testamentary. (If a named executor cannot or will not serve, the court may name another person to act in that capacity.) This document authorizes the correct person or persons to act on behalf of the estate in conducting business related to settling all fiduciary claims.

6. Potential beneficiaries named in the will/codicil(s) are identified and contacted. If any are deceased, evidence to that effect is obtained, and if the intent of the will indicates that others besides the deceased beneficiaries are to benefit from the estate, these others are identified and contacted.

7. The executor/executrix and/or administrator publishes a series of notices, usually in the newspapers where the testator/testatrix lived, concerning the estate. Persons having claims on or owing obligations to the estate are thereby given notice that they have a specified amount of time to respond.

8. The executor/executrix and/or administrator conducts an inventory of the estate and prepares a written list of all assets, including personal property, real estate, financial items (cash, investments, loans, and other instruments), and any other materials that might be a part of the estate.

9. The executor/executrix and/or administrator pays bills and satisfies any outstanding claims or obligations of the estate and then prepares an adjusted inventory of the deceased's assets. This document, along with any documentation, is submitted to the probate court and becomes a permanent part of the probate packet.

10. The probate clerk reviews all the documentation for completeness and submits it to the probate judge for review. The probate court rules that the estate is now ready for distribution to beneficiaries.

11. The estate is divided and distributed, and in many cases, beneficiaries are required to sign a document confirming their receipt of their legacies.

12. Following the distribution, the executor/executrix and/or administrator prepares a final statement of account and presents it to the probate court.

13. The probate court rules that the estate has been properly processed, that all assets have been divided and distributed, and that the estate is closed.

14. The probate packet is filed in the records of the probate court.

Special arrangements in wills and codicils, such as trusts and long-term bequests, may involve additional steps in the process. In some cases, the final settlement of an estate may be deferred for many years until certain conditions are satisfied. A trust, for instance, may require the establishment of a separate legal entity, and the estate may not be settled until a later date. Some people leave wills that skip a generation, perhaps leaving monies to grandchildren, in which case the estate may not be settled for a generation or more and may require extended administration.

In the case of any estate whose settlement extends to multiple years, the executor/executrix and/or administrator must prepare annual reports to the probate court. These are entered into the probate court record, and the reports are usually placed into the probate packet.

Next Week
In next week's column, we'll explore what types of materials you will find in a probate packet. Don't miss the conclusion of this series on probate packets.

Happy Hunting!

George

Genealogy Cruise 2001
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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