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Research In Probate Records
• Research In Probate Records • Research Terms Used in Testate Procedures • Nature of Probate Records
Testate and Intestate Estate Records • Guardianships Records • Probate Proceedings
American Probate Law • Advantages, Limitations and How to Locate Printed Probate Records •
Records pertaining to the settlement of estates are known as probate records. Those records could include various court records and supporting documents. The amount of records relating to a particular estate will depend on the time period, size of the estate, and jurisdictional requirements at the time. Researching probate records can sometimes be difficult, since all records were not always filed in the same group or using the same methods.
Each of the following documents may be part of probate records: will and associated records, letters testamentary, orders, appointment(s) of administrator(s) or executor(s), letters of administration, bonds, inventory, estate sale(s), guardianship, claims, list of heirs, petitions, accounts, releases, claims, dower apportionments, widow’s one-year support, commissioners’ reports, receipts, judgments, and division of property.
It's easy to see why probate records are so important to genealogists. Not only can families be identified with probate records, but the relationships between each family's members can also be pinpointed. Most other records don't clearly define those relationships. So, published probate records can be a real asset to researchers. Probate records can also serve as clues leading to other important records relating to the person or persons of interest.
Often, lineage can be well-documented using probate records and records of estate settlements. Those records can contain a lot of useful information, including each of the will creator's family members and relationships to those family members. So, genealogical researchers can find those records quite useful, especially if they can review the original documents. Although, reprinted or published documents can be helpful as well.
Probate records can vary quite a bit. Some of them are certainly more useful than others. It all depends on certain things, such as whether the testator (person whose will it is) has listed their relatives or a description of their property. It also depends on the size of the estate, whether or not the heirs contested the will, whether or not property was sold off due to a person dying intestate or with unpaid debts. Of course, even if good records exist, finding them can also be problematic.
Although many court records can be useful to genealogist, those who are looking into their family history usually find records from probate files to be the most useful. Since the colonies were first founded in North America, the court system has been used to settle disputes. So, it's no surprise that those probate court records contain such useful personal information about out ancestors. One quote that encapsulates the definition of probate records is from the Researcher's Guide to American Genealogy by Val Greenwood. The quote is "All records which relate to the disposition of an estate after its owner's death are referred to as probate records. These are many and varied in both content and value, but basically, they fall into two main classes: testate and intestate."
Generally, probate papers include the address, name, and other information about the deceased person. However, those records can also include similar information about the relatives of the deceased person. Some of the information included may be wives' maiden names, daughters' married names, former residences, country of origin, and so on. Many archives and courthouses throughout the United States hold probate records that contain such information.
It's best to start by asking the county clerk in the county of interest about what probate records they have on file. The researcher should be sure to ask for the "probate records," rather than just asking for the will. That is because there may be other probate records besides a will, but the clerk is likely to only provide a copy of the will, if that is all that is requested.
Ages of Legal Action
| Legal Action | Legal Age | Exceptions/Comments |
| Inherit | From birth | An unborn child can also inherit |
| Be enumerated in census | From birth | Usually heads of household only until 1850 |
| Witness documents | 14 (male); 12 (female) |
The age of discretion under the common law was 14 (males) and 12 (females). Some exceptions are listed below |
| Attend school | 5 | Some schools accepted 3-year-olds |
| Testify in court | 14 (male); 12 (female) |
|
| Choose guardian | 14 (male); 12 (female) |
Must be 21 in New York. No choice until age of discretion; then, if guardian ppointed by court is unacceptable, can select another subject to court approval |
| Serve as apprentice | 14 (male); 12 (female) |
Standard term was to 21 (male), 18 (female), or time of marriage. If apprenticed before age of discretion, bound only to ages 14/12. Must have written deed which allowed for apprentice’s content, except for orphans on the public charge |
| Show land to processioners | 14 (male); 12 (female) |
Males only; southern states. (Procession means to walk around the boundary lines of local property owners.) |
| Be punished for crime | 14 (male); 12 (female) |
Some general exceptions before 1860. Complicated changes in the 20th century |
| Sign contracts | 14 (male); 12 (female) |
May be required to confirm contract after arriving at majority |
| Act as executor | 14 (male); 12 (female) |
Usually administrator with will annexed so the court had some controls. Age 17 in Massachusetts, Rhode Island, Missouri; age 18 in Mississippi. Bondsman who could act as co-executor required in Vermont |
| Bequeath personal property by will | 14 (male); 12 (female) |
Age 18 in Connecticut, Massachusetts, Virginia; age 18 (male) and 16 (female) in New York; age 21 in Vermont. Property may be held in custody of court pending review |
| Marry | 14 (male); 12 (female) |
Parental consent required in most states until age 21(male) and 18 (female). Married child not subject to control of parents, could remarry on death of spouse without consent if underage. Age 18 (male) and 14 (female) in Mississippi, Ohio, Indiana; age 18 (male) and 15 (female) in Minnesota; age 17 (male) and 14 (female) in Illinois; age 16 (male) and 14 (female) in Iowa. Marriage is valid without parental consent, but officiator could be fined. Annulment or Divorce only way to void the marriage |
| Be taxed | 16 | Males only were counted; females appear as “heirs of . . . ” |
| Muster into militia | 16 | Males only |
| Procession land | 16 | Procession means to walk around the boundary lines of local property owners |
| Take possession of land holdings | 16 | “In possession of” on tax rolls signifies that the person named is at least 16 |
| Practice trade | 18 | Some cities licensed tradesmen to practice their Profession/occupation at age 18 |
| Release of guardian | 21 (male); 18 (female) |
|
| Own land | 21 | Some states allowed females these rights at age 18 |
| Devise land by will | 21 | |
| Be taxed | 21 | Full poll responsibility unless exempt |
| Plead or sue in court | 21 | |
| Be naturalized | 21 | After meeting residence requirements |
| Fill public office | 21 | Age 25 or older required for some offices |
| Serve on jury | 21 | Grand jury, petit jury, coroner’s jury |
| Vote | 21 | Linked to 21 as age of land ownership, a prerequisiteto voting in colonies |
