User:Pipkincm/Sandbox



These are the items that I found on the wiki that either I want to edit/create or that I'll suggest someone else gives attention to. If you've been asked to collaborate, please review the topic of interest and add to the "discussion" tab.

Record Overview
[most text has been moved to the U.S. Probate Records main page]

Cautions
While probate records are one of the most accurate sources of genealogical evidence, they must be used with some caution. For example,


 * Not eveyone left an estate that was probated by a court.
 * Those named in the will are not necessarily related to the testator.
 * A wife is not necessarily the mother of the children named.
 * Deceased family members or those who previously received an inheritance might not be mentioned in the records.
 * Probate records can be filed in more than one cabinet, ledger, or packet and in more than one office.
 * Transcribed records might be incomplete, misread, or incorrectly transcribed so consult the original when possible.
 * The county of residence at the time of death usually must be known in order to locate probate records.
 * Rarely do indexes of probate records include every name mentioned in the records.

Suggested Text for State Topic Pages
[insert an image]

Record Synopsis
Probate encompasses all matters and proceedings pertaining to the administration of estates, whether there is a will (testate) or not (intestate). Various types of records are created throughout the probate process. These may include, wills, bonds, petitions, accounts, inventories, administrations, orders, decrees, and distributions. These documents are extremely valuable to genealogists and should not be neglected. In many instances, they are the only known source of relevant information such as the decedent’s date of death, names of his or her spouse, children, parents, siblings, in-laws, neighbors, associates, relatives, and their places of residence. They may also include information about adoption or guardianship of minor children and dependents. Probate records may not give an exact death date, but the death most often occurred within a few months of the date of probate. Wills usually mention the names of heirs and frequently specify how those heirs are related. Names of children are given, as well as married names of daughters.

Cautions While probate records are one of the most accurate sources of genealogical evidence, they must be used with some caution. For example,


 * Not eveyone left an estate that was probated by a court.
 * Those named in the will are not necessarily related to the testator.
 * A wife is not necessarily the mother of the children named.
 * Deceased family members or those who previously received an inheritance might not be mentioned in the records.
 * Probate records can be filed in more than one cabinet, ledger, or packet and in more than one office.
 * Transcribed records might be incomplete, misread, or incorrectly transcribed so consult the original when possible.
 * The county of residence at the time of death usually must be known in order to locate probate records.
 * Rarely do indexes of probate records include every name mentioned in the records.

State Statutes
Understanding the [state] probate laws and how they changed over time can help us learn how the estate was administered, taxed, and distributed and might help to solve difficult genealogical problems. For additional information about [state] state statutes relating to probate matters, see:

Obtaining the Records
Repositories (local, regional, national—as applicable)

Indexes

Web Sites


 * Sampubco A gateway to Indexes of Will, Guardianships, Probate Records, and Letters Testamentary (does not apply to all states)
 * The USGenWeb Project A cooperative volunteer effort with links to resources for the state and counties. (Replace the link and link's text for each state)

Learn More

 * Anne Roach, Courthouse Records Overview (35 minute online video) FamilySearch Research Classes Online, 2010.
 * Eichholz, Alice, Editor. Redbook: American State, County, and Town Sources. Third Edition. Provo, Utah: Ancestry, 2004. (See page ___.)
 * Rose, Christine. Courthouse Research for Family Historians: Your Guide to Genealogical Treasures. San Jose, California: CR Publications, 2004.

Click on the following links to wiki articles for additional information on probate records:


 * United States Probate Records
 * Probate Process
 * Probate Documents
 * Glossary

Probate
Probate records are court records created after an individual’s death that relate to a court’s decisions regarding the distribution of the estate to the heirs or creditors and the care of any dependents. You may find the names of married daughters or other relatives and their residences; or information about the adoption or guardianship of minor children and dependents. Probate records do not always give an exact date of death, but the death usually occurred within four months of probate. These documents are important to family history researchers, because they usually exist for time periods before civil birth and death records were kept.

The [court] has responsibility for the probate records of [name] County.

The following [name] County probate records have been indexed or abstracted:

Glossary of Probate Terms
[currently, the Iowa Probate page provides wikipedia links to some of these terms]

Accounts - The records of financial dealings for the estate.

Administration - Authority given to the administrator to settle the estate. Also refers to the probate process for intestate estates.

Administrator (-trix) - When no will exists (intestate), the court appoints an administrator (male) or administratrix (female) to handle the estate proceedings.

Administrator cum testamento annexo (administrator c.t.a.) - The court appoints an administrator when no executor is named in the will or the executor is unable to serve.

Administrator de bonis non (administrator d.b.n.) - A successor administrator appointed by the court to handle the remainder of the affairs of the estate (such as upon the death of the administrator).

Affidavits - A legal written statement made under oath.

Affinity - Relationship by marriage.

Agnate- A relationship through the males of the family.

Appearance docket - An index of all cases coming into a court.

Appraisal - An itemized valuation of real or personal property.

Attest - To witness, offer testimony, or to certify that a copy is genuine.

Beneficiary - One who will receive benefit from the estate.

Bequeath - The act of assigning personal property in a will. (See testament.)

Bequest - The personal property assigned in a will.

Bond - The legal instrument used to commit the bondsman to pay a certain fee if an agreement or act is not carried out.

Bondsmen - A person who pledges a sum of money as bond in another's behalf.

Calendar - A list or schedule of cases to be presented before the court.

Case file - These are all of the various papers that have been created throughout the probate process. These are bound together and archived by case number; they are also called estate files or probate estate papers.

Codicil - An addendum to a will.

Committee - A group of people charged with specific duties for a limited time.

Common law - The body of unwritten law developed in England based on custom and precedent, rather than by statute.

Community property - Based on Spanish custom, all real and personal property acquired by a couple after marriage, belongs to both husband and wife. Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, and Washington are community property states.

Consanguinity - A close relation.

Conservators - A person appointed to manage the affairs of one considered incompetent; protector.

Contest - To dispute the will.

Coverture - 

Curtesy - Based on English common law, a husband's right, upon the death of his wife, to a life estate in land that the wife owned while living, and only applicable if a child had been born to the couple.

Decedent - The person who is deceased.

Degree of relationship - A legal term referring to the degree (generations) of two persons who descend from a common ancestor but not one from the other.

Devise - To transfer real property through a will.

Devisee - The person receiving real property through a will.

Devisor - The person transferring real property through a will; testator.

Distributions - The manner in which the deceased's possessions are allocated.

Docket - A list or schedule of cases to be presented before the court.

Dower rights - The rights that a non-owner spouse has in the real property.

Entail - To limit the inheritance of real property to only those in a specified line of descent, such as to the oldest male in each generation.

Escheat - In cases where no one is entitled to inherit, property reverts to the state.

Estate - The transfer of property to the state in cases where no one has been determined qualified to inherit.

Estate file - The file containing information about the property left by the deceased to be dispersed between the surviving heirs.

Executor (-trix) - The person (executor = male; executrix = female) who has been named by the testator of the will to manage the estate.

Feme sole - A single woman.

Fiduciary - A person who is holding assets for another. In probate, this might be the executor, administrator, guardian, or a trustee.

Final account - The final accounting of the estate and how it was distributed; settlement.

Guardian - The person appointed by the court to manage the affairs of a minor or someone incapable of handling his or her own affairs.

Guardianship - The court appointment of an adult to take care of the child or the child's property.

Heir - A person who inherits property upon the death of the owner.

Holographic will - A will hand written by the testator.

Imprimis - Latin, meaning "in the first place."

Infant - A minor not yet of legal age, not necessarily a young child.

Intestate - When an individual dies without leaving a will.

Inventory - An itemized list of real or personal property.

Issue - Offspring; biological children; legitimate descendants.

Legacy - A gift (bequest) of real or personal property by way of a will.

Legatee - A person receiving real or personal property by way of a will.

Legator - A person giving personal property by way of a will; devisor; testator.

Letters of Administration - A formal document from the court granting authority to handle the affairs of the estate.

Lineal - Being in a direct line from a male or female ancestor.

Locus sigilli (L.S.) - Latin, meaning "in place of the seal."

Loose papers - A collection of various papers, separate from book records.

Majority - Of full legal age.

Minor - A person who has not yet reached full legal age.

Next friend - A person acting in behalf of a minor or one unable to represent himself.

Notices - Notices are published so that creditors, and others with an interest in the estate, have an opportunity to collect debts or contact the legal representatives.

Nuncupative will - An oral will.

Parcener - A joint heir.

Partition - To divide into parts or shares.

Per capita - The method of distributing an estate in which each person receives an equal share.

Per stirpes - The method of distributing an estate in which a group of people (such as the grandchildren whose parent is deceased) receive a share as if they were one person.

Petition - A formal, written request made to a court.

Primogeniture - The first-born son inheriting the intestate estate.This practice was based on English common law.

Probate - All matters and proceedings pertaining to the administration of estates, whether there is a will (testate) or not (intestate).

Probate case file - These are all of the various papers that have been created throughout the probate process. These are bound together and archived by case number; they are also called case files, estate files, or probate estate papers.

Probate fees - Compensation paid to the attorney

Probate packet - Probate case files placed together in an envelope or tied together with a string.

Prove - The evidentiary process validating a will.

Publication - Notices are published so that creditors, and others with an interest in the estate, have an opportunity to collect debts or contact the legal representatives.

Receipt - A written statement that funds, property, or legal documents have been received.

Register of wills - The name of the office with probate jurisdiction in some localitities.

Register - A bound book in which official matters are recorded by the court clerk.

Relict - A widow or widower.

Relinquishment - To waive one's rights; surrender.

Settlements - The final accounting of the estate and how it was distributed; final account.

Sine prole (s.p.) - Without offspring.

Succession - The process of settling an estate based on Spanish community property law, followed especially in Louisiana.

Successor administrator (-trix) - Administrator appointed by the court to handle the remainder of the affairs of the estate (such as upon the death of the administrator); administrator de bonis non (administrator d.b.n.).

Surety - A person who agrees to be liable for another's debts and obligations in case of default.

Surrogate - The court officer with jurisdiction over probate and guardianship matters in New Jersy and New York.

Testament - Technically, the document in which the testator distributes (bequeaths) personal property. This term is often dropped from "last will and testament."

Testamentary - Pertaining to a will.

Testate - When an individual dies having left a will.

Testator (-trix) - The person making the will or testament.

Trustee - A person who holds legal title to property for the benefit of someone else.

Videlicet (viz.) - Latin, meaning "namely."

Widow's allowance - State statute governs the share of real or personal property which a widow can claim from her husband's estate. Often this supercedes other claims and debts to the estate.

Widow's election - A widow's right to either accept what was granted to her by her husband's will or to accept the share granted to her by state statute.

Will - Technically, the document in which the testator distributes (devises) real property. This term is often used in place of "last will and testament."

Witness - A person who attests to actions or events personally seen.

Suggested State Census "Overview" Text
[The State] often took censuses in the years between the federal censuses, the dates are listed below. State census records may have columns that were different or more unusual than those found on federal censuses, [make this specific for the state] such as the 1892 gives religion or 1925 gives a married woman’s maiden name. The responses and years of coverage may give additional information on the family.

= US Land and Property =


 * Explain federal land tract books and how to determine which film to search using a combination of Hone's county boundaries and the FHL catalog entry.
 * Timelines.
 * Include both "general tips" and "state tips" within each state.

= Colorado =


 * Note that the state Archives has an incomplete divorce index, probate and tax indexes for some years/counties, and State Pennitentiary Index 1871-1973.
 * Add "occupations" topic and "mining" article.

= Articles =


 * Link "legal ages" page to land, military, court, immigration, and vital records pages.
 * Mining
 * Northern Liberties, Pennsylvania