New York, Orange County Probate Records - FamilySearch Historical Records

Collection Time Period
This collection includes county probate records for the years 1787 to 1938.

Record Description
This collection consists of images of probate records and estate files from the Orange County Surrogate's Court in Goshen, New York. At this time this collection does not have a name index or any finding aid. This collection is being published as images become available.

Record Content
Genealogical facts in the entries include:


 * Name of testator or deceased
 * Names of heirs such as spouse, children, and other relatives or friends
 * Names of witnesses
 * Residence of testator
 * Lists of belongings, property, and so forth
 * Document and recording dates (Sometimes the date of death will be given. Recording dates are also used to approximate event dates, i.e. a letter of administration was usually written shortly after the time of death.)

How to Use the Record
To begin your search it is helpful to know:


 * The name of the deceased
 * The approximate death or probate date

Search the Collection
To search the collection: ⇒Select the "Browse" link in the initial search page ⇒Select the appropriate "VolumeTitle and Year" link which takes you to the images

Look at the images one by one comparing the information with what you already know about your ancestors to determine which one is your ancestor. You may need to compare the information about more than one person to make this determination.

Using the Information
When you have located your ancestor’s record, carefully evaluate each piece of information given. These pieces of information may give you new biographical details that can lead you to other records about your ancestors. Add this new information to your records of each family. For example:


 * Use probate records to identify heirs and relatives.
 * Use the document (such as the will) or the recording dates to approximate a death date.
 * Use the information in the probate record to substitute for civil birth and death records since the probates exist for an earlier time period.
 * You may be able to use the probate record to learn about land transactions.
 * Use the birth date or age along with the residence or place of birth of the deceased to locate census, church, and land records.
 * Use the occupations listed to find other types of records such as employment records or military records.

Tips to Keep in Mind

 * Compile the entries for every person who has the same surname as the deceased; this is especially helpful in rural areas or if the surname is unusual.
 * Continue to search the records to identify children, siblings, parents, and other relatives who may have also died in Orange county. This can help you identify other generations of your family or even the second marriage of a parent. Repeat this process for each new generation you identify.
 * Probate records often have information about adoptions or guardianship of any minor children and dependents. Be aware that the spouse named may not be the parent of the children listed.
 * The records may omit the names of deceased family members and those who have previously received an inheritance.
 * When looking for a person who had a common name, look at all the entries for the name before deciding which is correct.
 * There is also some variation in the information given from one record to another record.
 * The death date, residence, and other facts that were current at the time of the probate proceeding are quite reliable, though there is still a chance of misinformation.

Unable to Find Your Ancestor?

 * Check for variant spellings of the surnames.
 * Check for an index. Local genealogical and historical societies often have indexes to local records.
 * Search the indexes and records of nearby counties.

General Information About Probate Records
Probate records are used to legally dispose of a person’s estate after his or her death. The probate process transfers the legal responsibility for payment of taxes, care and custody of dependent family members, liquidation of debts, and transfer of property title. The transfer is to an executor or executrix if the deceased had made a will, to an administrator or administratrix if the deceased had not made a will, or to a guardian or conservator if the deceased had heirs under the age of twenty-one or if heirs were incompetent due to disease or disability.

Probate records fall into two general categories: wills and estate papers. Most records mention the names of heirs and frequently specify how those heirs are related. Names of children may be given, as well as married names of daughters. Probate records may not give an exact death date, but a death most often occurred within a few months of the date of probate. The exact contents of probate records vary greatly depending on the prevailing law and the personality of the record keeper.

For a summary of this information see the wiki article: United States, How to Use the Records Summary (FamilySearch Historical Records).

Record History
Most probate records were created on a county level. The contents of probate records vary greatly depending on the prevailing law and the personality of the record keeper.

Probate records usually fall into two general categories: wills and estate papers. Most records mention the names of heirs and frequently specify how those heirs are related. Names of children may be given, as well as married names of daughters. Probate records may not give an exact death date, but a death most often occurred within a few months of the date of probate.

Why the Record Was Created
Probate records are used to legally dispose of a person’s estate after his or her death. The probate process transfers the legal responsibility for payment of taxes, care and custody of dependent family members, liquidation of debts, and transfer of property title. The transfer is to an executor or executrix if the deceased had made a will, to an administrator or administratrix if the deceased had not made a will, or to a guardian or conservator if the deceased had heirs under the age of twenty-one or if heirs were incompetent due to disease or disability.

Record Reliability
The death date, residence, and other facts that were current at the time of the probate proceeding are quite reliable, though there is still a chance of misinformation. The records may omit the names of deceased family members and those who have previously received an inheritance, or the spouse mentioned may not be the parent of the children mentioned.

Related Websites

 * Orange County, New York Free Public Records Directory
 * Orange County New York Genealogy

Related Wiki Articles

 * New York Probate Records
 * Orange County, New York

Citing FamilySearch Historical Collections
When you copy information from a record, you should list where you found the information. This will help you or others to find the record again. It is also good to keep track of records where you did not find information, including the names of the people you looked for in the records.

A suggested format for keeping track of records that you have searched is found in the wiki article Help:How to Cite FamilySearch Collections.

Example of a Source Citation for a Record Found in This Collection
"New York, Orange County Probate Records, 1787-1938." Images, FamilySearch (https://www.familysearch.org: accessed 25 May 2011),  entry for Timothy I Gillmly, will probated 8 November 1878; citing Probate Records, Probate aof wills, 1875-1876, Vol. 48, image 19; Orange County Clerk, Goshen, New York.

Citation for This Collection
The following citation refers to the original source of the data and images published on FamilySearch.org Historical Records. It may include the author, custodian, publisher, and archive for the original records.

"New York, Orange County Probate Records 1787-1938." FamilySearch (https://www.familysearch.org). Chief Clerk, Orange Surrogate Court. Goshen, New York. FHL digital images, 385,000 digital images. Family History Library, Salt Lake City, Utah.

Information about creating source citations for FamilySearch Historical Collections is listed in the wiki article Help:How to Create Source Citations For FamilySearch Historical Records Collections.