Vermont Probate Files - FamilySearch Historical Records

= Vermont Probate Records and Estate Files =

This wiki article describes a collection that is available for free online at FamilySearch Record Search – Pilot Site. To access the collection, see Vermont Probate Files, 1791-1919

Collection Time Period
Probate records have been kept from the time the county was formed to the present.

Collection History
Vermont was originally part of Massachusetts. In 1749, New Hampshire claimed a large portion of the area. In 1764, New York claimed jurisdiction over a large portion of the land held by New Hampshire. In 1777, Vermont became independent and was made a state in 1791. Probate records for those who died before 1777 may be in the records of the county and state who claimed the area before Vermont was formally created. Probate courts began recording probate records soon after the county was created. There are 14 counties but 18 probate districts. The four southern counties have 2 districts each. Probate records cover approximately 40 percent of adult males who left wills, but this may be less than 25 percent in some areas. Less than 10 percent of women had wills or estate inventories. Wills are more likely to be found in rural communities than in larger cities and industrial areas. A higher percentage of individuals died without a will, but they may have had their estates probated and distributed through the courts. Wills and other estate documents are found in the estate files.

Why This Collection Was Created
Probate records were used to legally dispose of a person’s estate after his or her death. If the deceased had made a will, the probate process transferred the following from the deceased to an executor or executrix: the legal responsibility for payment of taxes, care and custody of dependent family members, liquidation of debts, and transfer of property title to heirs. If there was no will, the transfer went to an administrator or administratrix. A guardian or conservator was appointed if the deceased had heirs younger than 21 or if the heirs were incompetent due to disability or disease.

Collection Reliability
The death date, residence, and other facts that were current at the time of the probate proceedings are reliable, but realize that there is still a chance of misinformation. The records may omit the names of deceased family members or those who had previously received an inheritance. In some cases, the spouse mentioned in the will was not the parent of the children mentioned. Also, some wills do not name family members.

Collection Description
Probate records were kept by the probate courts in probate districts. Probate records were court documents and may have included both loose papers and bound volumes. These records were generally known as an estate file, case file, or probate packet. The boxes are usually numbered and the estate documents filed alphabetically by the name of the deceased. These files normally included wills, letters of administration, settlement papers, guardianships, inventories, receipts, distributions, name changes, adoptions, and other records pertaining to estates. Some probate records were recorded in books that may have been labeled with such titles as accounts, administrations, appraisals, minutes, estates, guardianships, inventories, settlements, and so forth. Wills were normally transcribed into a bound volume.

How To Use The 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. You may learn about adoptions or guardianship of minor children and dependents. You may have to use probate records as a substitute for civil birth and death records because they exist for an earlier time period.

Collection Content
Genealogical facts in probate records are:


 * 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
 * Dates the documents were written and recorded. (These are used to approximate event dates, i.e. a will was usually written near the time of death.)
 * Description and value of personal property or land owned by the deceased

Related Articles
Vermont Probate Records