North Carolina Probate Records - FamilySearch Historical Records

Collection Time Period
This collection includes county probate records for the years 1735 to 1970.

Record Description


Probate records were court documents and may have involved loose papers or bound volumes. These files included all documents related to estate settlement including:


 * Wills
 * Inventories
 * Receipts
 * Accounts
 * Administrations
 * Appraisals
 * Minutes
 * Bonds
 * Petitions
 * Guardianships
 * Settlements

Record Content
Probate records include petitions, inventories, accounts, decrees, oaths of executors, forms about guardians and other court documents. Genealogical facts in 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 following:


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

Compare the information in the record to what you already know about your ancestors to determine if this is the correct person. You may need to compare the information of more than one person to make this determination.

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.
 * You may be able to use the probate record to learn about adoptions or guardianship of any minor children and dependents.
 * 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 employment records or other types of records such as military records.
 * 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 died in the same county or nearby. 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.
 * When looking for a person who had a common name, look at all the entries for the name before deciding which is correct.

Keep in mind:


 * Wills are more likely to be found in rural communities than in larger cities and industrial areas.
 * The information in the records is usually reliable, but depends upon the reliability of the deceased or the testator.
 * Earlier records may not contain as much information as the records created after the late 1900.
 * There is also some variation in the information given from one record to another record.

If you are unable to find the ancestors you are looking for, try the following:


 * Check for variant spellings of the surnames.
 * Check for a different index. There are often indexes at the beginning of each volume.
 * Search the indexes and records of nearby counties.

Record History
Most probate records in North Carolina were created on a county level though many were later sent to the North Carolina State Archives. For the colonial period, dozens of North Carolina wills were proved in the Prerogative Court of Canterbury in London, England. The contents of probate records vary greatly depending on the prevailing law and the personality of the record keeper.

Why this 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
North Carolina Court Records

Related Wiki Articles
North Carolina Probate Records

North Carolina Estate Files (FamilySearch Historical Records)

Citing FamilySearch Historical Collections
When you copy information from a record, you should also 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 citing FamilySearch Historical Collections, including how to cite individual archives is found in the following link: How to Create Source Citations For FamilySearch Historical Records Collections

Examples of Source Citations for a Record in This Collection
"North Carolina Probate Records, 1735-1970." images, FamilySearch  (https://www.familysearch.org : accessd 30 June 2011). entry for Freddie Donaldson, gardian appointed 1 March 1914; citing Probate Records, Clay, Bonds, 1905-1921, Image 29; County Courthouse, Hayesville, North Carolina, United States.

Sources of Information for This Collection
“North Carolina Probate Records, 1735-1970,” database, FamilySearch (http://familysearch.org/); from various county courthouses throughout North Carolina. FHL microfilm, 1,988 reels, Family History Library Salt Lake City, Utah.

Full bibliographic records are available in the Family History Library Catalog