User:Pipkincm/Sandbox



These are the items that I found on the wiki that either I want to edit/create or that I'll suggest someone else gives attention to. If you've been asked to collaborate, please review the topic of interest and add to the "discussion" tab.

Suggested Text for United States Probate Records Page
[most text has been moved to the U.S. Probate Records main page]

[under "Jurisdictions," insert information for locating American Indian probate records at the national level.]

Suggested Text for State Topic Pages
[insert an image]

Record Synopsis
Probate encompasses all matters and proceedings pertaining to the administration of estates, whether there is a will (testate) or not (intestate). Various types of records are created throughout the probate process. These may include, wills, bonds, petitions, accounts, inventories, administrations, orders, decrees, and distributions. These documents are extremely valuable to genealogists and should not be neglected. In many instances, they are the only known source of relevant information such as the decedent’s date of death, names of his or her spouse, children, parents, siblings, in-laws, neighbors, associates, relatives, and their places of residence. They may also include information about adoption or guardianship of minor children and dependents. Probate records may not give an exact death date, but the death most often occurred within a few months of the date of probate. Wills usually mention the names of heirs and frequently specify how those heirs are related. Names of children are given, as well as married names of daughters.

While probate records are one of the most accurate sources of genealogical evidence, they have limitations.

State Statutes
Understanding the [state] probate laws and how they changed over time can help us learn how the estate was administered, taxed, and distributed and might help to solve difficult genealogical problems. For additional information about [state] state statutes relating to probate matters, see:

Obtaining the Records
Repositories (local, regional, national—as applicable)

Indexes

Web Sites


 * Sampubco A gateway to Indexes of Will, Guardianships, Probate Records, and Letters Testamentary (does not apply to all states)
 * The USGenWeb Project A cooperative volunteer effort with links to resources for the state and counties. (Replace the link and link's text for each state)

Learn More

 * Anne Roach, Courthouse Records Overview (35 minute online video) FamilySearch Research Classes Online, 2010.
 * Eichholz, Alice, Editor. Redbook: American State, County, and Town Sources. Third Edition. Provo, Utah: Ancestry, 2004. (See page ___.)
 * Rose, Christine. Courthouse Research for Family Historians: Your Guide to Genealogical Treasures. San Jose, California: CR Publications, 2004.

[don't include this if the horizontal "Topic" sidebar is being used] Click on the following links to wiki articles for additional information on probate records:


 * United States Probate Records
 * Probate Process
 * Probate-related Records
 * Analyzing Probate Records
 * Glossary of Probate Terms

Probate
Probate records are court records created after an individual’s death that relate to a court’s decisions regarding the distribution of the estate to the heirs or creditors and the care of any dependents. These documents are important to family history researchers because they usually exist for time periods before civil birth and death records were kept.

The [court] has responsibility for the probate records of [name] County.

The following [name] County probate records have been indexed or abstracted:

Glossary of Probate Terms
[currently, the Iowa Probate page provides wikipedia links to some of these terms] [text moved to Glossary of United States Probate Terms]

Accounts
Accounts are court records in the probate process. These reports are from administrators, executors, guardians, trustees, and conservators. The accounts include reports to the court of all transactions pertaining to the administration of the estate.

Bonds
In most probate cases, the court required the administrator (and sometimes the executor) to post a bond to ensure that he would properly complete his duties. The bond required the administrator to pay a fee to the court if he failed to adequately administer the estate. One or more persons were required to co-sign the bond as "sureties." These individuals were often members of the family or closely associated with the family.

Bond records include those of administrator, executor, guardian, appraiser, and trustee.

Content of Bond records:


 * Name of the administrator or executor
 * Bondsmen
 * The deceased
 * Amount of bond
 * Date of bond

Claims
Claims are court records in the probate process. The documents include petitions, registers, accounts, and appeals.

Divisions
Divisions are court records in the probate process. The documents include commission reports, settlements, decrees of distribution, dower rights, courtesy rights, awards, private disbursement, ledgers, guardians' final report, probate decrees, certificates of devise, assignments of real estate, order of distribution, and decree of heirship.

When the distribution was completed and payments to the creditors and heirs made, the executor or administrator presented to the court a record or decree of distribution and settlement. This document listed the beneficiaries of the estate and the property each received. This is often the most helpful source of family information in an intestate case.

Inventories
Inventories are court records in the probate process. An appraiser prepared an inventory that listed the property in the estate and obtained an appraisal of its value. The property list includes both real estate and personal property. In intestate cases the inventory is very important as it may describe the land, tools, slaves, and other personal property at the time of death.

These records are sometimes transcribed in the will books or in separate volumes, but the originals may be in the probate packet.

Inventory documents may include real estate, personal property, guardians, conservators, partnerships, minors' estates, appraisals, appraisers warrants, and reports.

Miscellaneous Documents
Probate court records include miscellaneous documents. These records could be unrecorded wills, widows' allowances, orders to find heirs, sales documents, marriage settlements, waivers, changes of name, legitimization, memoranda, appeals, and estate taxes.

Petitions
A petition is an application to a court requesting the right to settle an estate. The petition document from the heirs generally begins the legal probate process. The petition was filed with the court that served the area where the deceased owned property. Additional petitions may be filed in other localities where he owned property or resided. The petition may name the heirs of the deceased, their relationship, and sometimes their residence. Heirs and other interested parties can petition the court throughout the probate process.

The petition documents include letters testamentary, letters of administration, guardianship, appointment or change of guardian, redress for misuse or waste of property, list of heirs, and renunciation.

The letters testamentary authorize the executor to settle the estate.

The letters of administration authorize the administrator to settle the estate.

Publications
Publications are court records in the probate process. They include announcements, advertisements, notices to heirs, notices of sales, and notices to creditors.

Some state laws required the publications in specified newspapers for two or three weeks. Newspaper clippings may be in the probate packet as evidence of compliance with the law.

Releases
Releases are court records in the probate process. The releases come from executors, administrators, trustees, guardians, heirs, and conservators.

Wills
A will is a written and legal expression of the individual's instructions regarding his property at the time of his death. The will usually describes the estate and often gives the names and relationships of heirs or beneficiaries. The affidavit of the witnesses includes the date or proof of death. Types of wills include written, nuncupative, and holographic.

If accepted by the court, a copy of the will was recorded in a will book or register kept by the clerk of the court. The clerk may have made errors when he transcribed the will, but the original will is often kept in the probate packet.

Probate laws vary by state, but generally a will is valid if the testator was of legal age, of a sound mind, and was free from restraint when he or she wrote the will.

The following information is usually found in a will:


 * Name
 * Residence
 * Disposal of soul and body
 * Payment of debts
 * Specific bequests, specific devises
 * Residuary clause--what is left over goes to residuary legatee
 * It names the executor
 * Date the will is signed
 * Signature
 * Witnesses

A will may also name a guardian for the minor children and revoke all previous wills.

Ammendments to wills are called codicils.

The following terms might be used for wills:


 * Nuncupative will - A will spoken in the presence of witnesses; not valid in some states.
 * Holographic will - A willentirely in the testator's handwriting. If someone else writes on it, it is invalid. This will is not witnessed.
 * Mystic will - This will is from the French tradition (Louisiana). A person goes to a notary (like a lawyer), and writes the will in the presence of two to three witnesses and the notary. The person then puts the will in an envelope and seals it. The witnesses don't sign the will, but they do sign that he put it in the envelope.
 * Joint will - A will made by two or more persons together and signed by bothy--sometimes called a conjoint will.
 * Unofficious will - A will made in disregard to natural obligations of inheritance.
 * Unsolemn will - A will where no executor is named. An administrator will be appointed by the court.

Steps in proving the will:


 * 1) The will is created in writing, signed, acknowledged before witnesses and signed by the witnesses.
 * 2) Death of the testator.
 * 3) The will is presented in probate court by written application or petition.
 * 4) The court admits the will to probate, a hearing is set and published.
 * 5) The will is recorded and registered by the court (small fee). The will is usually indexed in this step.
 * 6) The executor pays the bills with approval of the court; notice to creditors is published.
 * 7) Provisions of the will are carried out; decree or distribution may be completed by the executor.

Analyzing United States Probate Records
[When this article is finished, provide a link from the Overcoming Limitations section of the Limitations article back to this article.]

Probate records are court records created after an individual’s death that relate to a court’s decisions regarding the distribution of the estate to the heirs or creditors and the care of any dependents. Careful analysis of probate documents is important to family history researchers because these documents can provide information to help reconstruct family units. While probate records are one of the most accurate sources of genealogical evidence, they have their limitations.

Study documents for names, relationships (stated and implied), localities, and possible irregularities. Transcribe or abstract the documents, being careful to maintain the original arrangement, spelling, and punctuation.

Check the statutes (laws) that were in effect during the time period of interest. These can be found in law libraries or by searching the internet for books available in the public domain, such as those found on Google Books or the Internet Archive.

What records might be missing? Not all probate-related records are kept in the same file, cabinet or court. Read the Probate Process and Probate-related Records [link] articles to determine if a document might be missing.

Wills
Because the will usually describes the estate and often gives the names and relationships of heirs or beneficiaries, it can be one of the most valuable of probate documents.

The testator died between the devising of the will and the date that the will was presented in court. This can be useful for estimating a death date when no formal death record exists.

A will might provide evidence of other records to consider. For instance, mention of religion might lead to church records and mention of land ownership might lead to land records.

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


 * Not everyone left a will.
 * The wife 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 his or her 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.
 * Those named are not necessarily related to the testator.
 * There are no every-name indexes for those listed in the will.
 * There may be a problem with lack of punctuation. For example, is Mary Beth one name or two?
 * It can be difficult to determine the difference between married and middle names.
 * Relationships may be misleading. For instance, uncle or aunt may be spouses, cousin may mean nephew or niece, son-in-law could mean stepson, nephew could mean grandson, and brother and sister may mean brother and sister in the Gospel.

Distributions
When the distribution was completed and payments to the creditors and heirs made, the executor or administrator presented to the court a record or decree of distribution and settlement. This document listed the beneficiaries of the estate and the property each received. This is often the most helpful source of family information in an intestate case.

Careful analysis of the bond can help to determine relationships. [see bond in probate documents to reword the following.] A bondsman for the executor, for instance, might be a relative that had an interest in protecting the executor's inheritance. Therefore, the surname of the bondsman might provide a clue to a maiden name if the wife was named as executrix.

Inventories
An appraiser prepared an inventory that listed the property in the estate and obtained an appraisal of its value. Inventory documents may include real estate, personal property, guardians, conservators, partnerships, minors' estates, appraisals, appraisers warrants, and reports. In intestate cases the inventory is very important as it may describe the land, tools, slaves, and other personal property at the time of death.

These records are sometimes transcribed in the will books or in separate volumes, but the originals may be in the probate packet.

Indexes
Some courthouse indexes are complex enough to require guides to use them. (See the United States Index Systems article.)

Delaware, New Jersey, Maryland, and Pennsylvania had "Proceedings Indexes."

= U.S. Census Records =

Suggested State "Overview" Text
[The State] often took censuses in the years between the federal censuses, the dates are listed below. State census records may have columns that were different or more unusual than those found on federal censuses, [make this specific for the state, such as the 1892 gives religion or 1925 gives a married woman’s maiden name]. The responses and years of coverage may give additional information on the family.

State Censuses
For a list of state and territorial censuses:


 * Lainhart, Ann S. State Census Records. Baltimore: Genealogical Publ., 1992. (FHL book X2Lai.) State-by-state list of censuses, and selected census substitutes. Describes dates, coverage, content, indexes and availability.

In addition, the staff of the Family History Library has compiled the following register which lists all state census records available at the library:


 * Church of Jesus Christ of Latter-day Saints, Family History Library, US/Canada Reference Staff, State Census Register, 3 vols. (Salt Lake City: Family History Library, 2005). FHL Ref. book 973 X23us. Available free online through Brigham Young University's Family History Archive: Vol. 1, Alabama - Kansas; Vol. 2, Kentucky - New York; Vol. 3, North Carolina - Wyoming.

= US Land and Property =


 * Explain federal land tract books and how to determine which film to search using a combination of Hone's county boundaries and the FHL catalog entry.
 * Timelines.
 * Include both "general tips" and "state tips" within each state.

= Colorado =


 * Note that the state Archives has an incomplete divorce index, probate and tax indexes for some years/counties, and State Pennitentiary Index 1871-1973.
 * Add "occupations" topic and "mining" article.

= Articles =


 * Link "legal ages" page to land, military, court, immigration, and vital records pages.
 * Mining
 * Northern Liberties, Pennsylvania