What are probate records?
The word probate comes from Latin and means “to prove.” Probate documents prove to a court authority that the last will and testament and accompanying estate documents left behind by a deceased person are authentic and valid.
Probate records are state court records created after an individual’s death that relate to a court’s decisions regarding the distribution of an estate to the heirs or creditors and the care of dependents. Probate records can reveal rich information to genealogical researchers. Wills, assets, property descriptions and descriptive information such as the state of relationships at the time of death. (see above)
Genealogical information you can find in probate records
- Date of death
- Place of death
- Names of spouse, children and other relatives
- Occupations and business relationships of the deceased
Legal documents often found in probate records
Because probate records contain multiple types of legal documents and because the organization of probate records vary from state to state, researchers should be conscious of what probate records can contain in order to know what to look for. Often probate records were kept in packets and those packets still exist as discoverable units in probate databases. Other times, the various parts of estate records are indexed and accessed separately.
- Wills
- Inventories of real and personal property
- Guardianship documents or orphan’s court documents
- Letters of administration
Probate terminology
- Will:
- A document that directs the disposition of the testator’s property after death
- Testate:
- Leaving a valid will at the time of death
- Intestate:
- Not leaving a valid will at the time of death
- Relict:
- A widow or widower
- Issue:
- Biological children
- Real property:
- Assets that are not land or things installed into/attached to the land
- Bequest:
- A bequest is the personal property assigned in a will
- Executor/Executrix:
- The person designated in a will to act as the representative of a decedent’s estate
- Codicil:
- An addition to a will
- Dower:
- The non-owning surviving spouse with lifetime rights to real property
Where to find probate records
- Probate records are filed in the place that your ancestor last resided. In the United States, probate records are typically filed with county courts.
- Online databases (Ancestry.com, FamilySearch, American Ancestors, local history centers with privately managed databases)
- Special Collections Print and microfilm collections (i.e. Family Search, local history centers)
Databases available from Memorial Hall Library with extensive probate record sets
- Ancestry US Wills and Probate Records
- FamilySearch Wiki for United States Probate Records
- Probate Records Available Through American Ancestors
Tips to keep in mind when using probate records for genealogy research
- Slaves were often listed as personal property in probate records
- Not everyone has/had a probate record
- Not all heirs may have been mentioned
- Maiden names are rarely given
- Your pre-20th century ancestors were more likely to have probate records if they owned land
- Estates are probated regardless of wealth
- Probate Courts are state courts. Laws very by state.
- Probate records collections vary HUGELY in how accessible they are.