Minnesota Will Records - FamilySearch Historical Records

This wiki article described a collection that is available for free online at FamilySearch Record Search – Pilot Site. To access the collection see Minnesota Will Records 1849-1918

Collection Time Period
This collection covers probate court wills from 1849 through 1918.

Collection History
Territorial courts were created in 1849. They handled court matters including probates. From 1858 to the present state courts replaced the territorial courts. The Probate Court has handled probates of estates, incompetency cases, guardianship, wills, and other probate matters. It also acts as the juvenile court for cases in counties with a population under 40,000. Probates are generally recorded in the county were the person resided. Estates were probated for approximately 25 percent of the heads of households in the United States before 1900, whether or not the individual left a will. Wills are more likely to be found in rural communities than in larger cities and industrial areas.

Why This Collection 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.

Collection 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, those who have previously received an inheritance, or the spouse mentioned in a will may not be the parent of the children mentioned. Some wills do not name family members.

Collection Description
Probate records were court documents and may have involved loose papers and/or bound Volumes. These records were generally known as a case file or probate packet. These files normally included wills, settlement papers, inventories, receipts, and other records pertaining to the estates. Some probate records were recorded in books which may have carried many titles such as accounts, administrations, appraisals, minutes, petitions, guardianships, inventories, settlements, and so forth. Wills are normally transcribed into a bound volume.

Collection Content
Probate records include petitions, inventories, accounts, decrees and other court documents. Genealogical facts in entries:


 * Name of testator or deceased
 * Names of heirs such as spouse, children, and other relatives or friends
 * Name of executor, administrator, or guardian
 * Names of witnesses
 * Residence of testator
 * Document and recording dates. (There are used to approximate event dates, i.e. a will was usually written near time of death.)

How to Use This Collection
Use probate records to identify heirs and relatives. Probate records may contain a person’s death date, the names of family members, family relationships, and residences. Use this information to search for information in other records. You may learn about adoptions or guardianship of minor children and dependents. You may have to substitute probate records for civil birth and death records since they exist for an earlier time period.

Related Websites
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Bibliographic Information
Record of Wills; Minnesota Historical Society, St. Paul, Minnesota. Listed alphabetically by county name.