United States Probate Limitations

United States   Probate Records    Limitations

Limitations of a will
Give an explanation of how to overcome each of these.

When analyzing a will record, be aware of the following potential problems:


 * The spouse mentioned in the will may not be the mother of the children mentioned in the will
 * The will may omit a deceased child
 * The will may omit a child who already received their inheritance
 * Maiden names of female spouses are not usually mentioned
 * Children are not always listed in birth order; sons may be listed before the daughters
 * No every-name index for those listed in the will
 * May have a problem with punctuation--Mary Beth, one name or two?
 * Sometimes cannot determine the difference between married and middle names
 * Relationships may be misleading
 * Uncle/aunt may be spouses
 * Cousin may mean nephew/neice
 * In early wills, son-in-law could mean step son or nephew could mean grandson
 * Brother and sister may mean brother and sister in the gospel

Limitations of probate records

 * Not everyone left a will
 * Not all relatives are listed--usually only the wife and children
 * Date of death is usually not given
 * Indexes usually list testator, not heirs or beneficiaries
 * Information on the residence of relatives is rare