From the first permanent settlement in America, courts were established to handle the disposition of property after death. We call this "probate."

Probate records can provide information about family relationships. They usually tell the decedent's date and place of death. They may provide clues to a former place of residence. Reference to religious affiliation or land ownership provides guidance to research in church or land records. It may be possible to identify a parent or child of the deceased, possibly even several generations, by references to property such as a tract of land.

Laws differ slightly from state to state, but once you learn how the probate process is set up, you can apply your knowledge to work the system.

Probate matters are within the jurisdiction of a probate court. The name of the court varies from state to state. It may be known as the Probate Court. It may also be known as the Superior Court, the District Court, the Orphans' Court, the Surrogates' Court, the Register of Wills, the Circuit Court, or by other names. In most states there is a probate court for each county. However, there are probate districts that cover more than one county, and probate matters have been handled by towns and on the state level.

Probate records fall into two main classes: Testate and Intestate.

If a person dies leaving a will, then we say he died testate. A person who makes a will is known as a testator. When a person dies leaving a valid will, he is said to have died testate and is known as the testate.

A person who dies without having made a will is said to have died intestate and is referred to as the intestate. Sounds silly, but this is the way it is.

In intestate proceedings, the State has a process that settles the estate and distributes property among the heirs.
A will bequeaths real estate and buildings attached to it. A testament bequeaths personal property. And so, we have "The last will and testament of . . ."

Wills give information about relationships. A person names his children and states they are his son or daughter. He will sometimes list the names of grandchildren, especially when their parent has died. He will say something like, "and to John Smith, son of my deceased daughter, Jane Smith."

Two online articles provide information about probates. Donn Devine’s "Probate Records, an Underutilized Source," is at http://www.ancestry.com/learn/library/article.aspx?article=2669.

Elizabeth Mills’ "Analyzing Wills for Useful Clues" is at http://www.bcgcertification.org/skillbuilders/skbld955.html

If you are interested in other helpful articles, go to my Columns page.

© 2000–2009

Connie Lenzen, CG^SM

CG, Certified Genealogist, is a service mark of the Board for Certification of Genealogists, used under license by board certified genealogists after periodic evaluation, and the board name is registered in the US Patent & Trademark Office.