Vermont Probate Files - FamilySearch Historical Records

= Vermont Probate Records and Estate Files Records =

How To Use This Record
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.

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 to heirs from the deceased to an executor or executrix if the deceased had made a will, or to an administrator or administratrix if there was no will. A guardian or conservator was appointed if the deceased had heirs under the age of 21, or if the heirs were incompetent due to disability or disease.

Record 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 two districts each.

Record Description
Probate records were kept by the Probate Courts in probate districts. Probate records were court documents and may have involved loose papers and/or bound volumes. These records were generally known as an estate file, case file, or probate packet. The boxes are normally numbered and the estate documents are usually 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 which may have carried many titles such as accounts, administrations, appraisals, minutes, estates, guardianships, inventories, settlements, and so forth. Wills are normally transcribed into a bound volume.

Record Coverage
Probate records were kept from the time the county was formed to the present.

Approximately 40% of adult males left wills and but the percentage may be less than 25% in some areas. Less than 10% 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 may have had their estates probated and distributed through the courts. Wills and other estate documents are found in estate files.

Record 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

Record Reliability
The death date, residence, names of family members, 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 member or those who have previously received an inheritance. The spouse mentioned in a will may not be the parent of the children mentioned. Some wills do not name family members.