Genealogical researchers work hard to uncover information about their ancestors from a huge array of document types. Probate records are some of the most powerful when it comes to tracking family ties and getting a glimpse into the personal lives of past relatives. When a person dies, the authorities create a probate record to outline their family, estate and assets, social standing, and other factors. They provide a treasure trove of details that can connect to other documents or family stories and create a much clearer picture.
Key takeaways on probate records in genealogy
- Probate records show family connections alongside the individual’s death dates.
- You may discover previously unknown or unverified relatives related to the estate.
- Understanding records can give insight into daily life, finances, business, and social connections.
When it comes to tracing family connections, very few document types work better. Even among loosely connected relatives, it seems funerals often bring everyone into the same circle. Learn what they are, the data they contain, and how you can use them to cement ties and fill in gaps in your genealogical discoveries.
Probate records explained
This type of record is a legal document created when a person passes away. They help settle the estate by describing the assets and who receives them all according to the will or the law of the land. The probate court creates and manages these documents. This helps make sure that the estate pays all outstanding debts and that everything follows local laws and the official will, if one exists.
What do these records contain?
Historical probate records may include the will, inventories of the property and assets, financial statements, guardianship records, and similar things. You may also find creditor claims against the estate. This can provide some insight into the person’s business or personal affairs during their life.
How probate records can identify unknown relatives
It’s common for all money, property, and other assets to pass to a surviving spouse or children when a person dies. You’ll find these names listed in the probate records the vast majority of the time. This holds true even if there wasn’t a legal will in place. Whether there is a will or not, the paperwork can also reveal other relationships that can help you expand your family tree.
The order of people listed matters
In general, the spouse gets listed first. Then, children are listed in age order with the eldest first. Siblings of the deceased and other extended family members come last. If you’re lucky, the probate records will actually name the relationship, e.g. son Jonathon, daughter Anne, nephew David, etc. These can confirm links between family lines.
If someone you already identified as a family member does not show up in the will or probate records, that gives you interesting information about the relationship, too. Perhaps that person was estranged and set out to start their own family line independent of their parents.
Sorting through the legalese
Since probate records are legal documents, they often use some official-sounding language you might not understand. Terminology might have changed over time, too. Sorting through what they’re actually saying can take some time, especially in the oldest documents that are hand-written in script. The more familiar you are with ‘legalese’ terms, the easier it will get.
Basic terms you might find include:
- Executor: Individual responsible for carrying out the will or probate process
- Beneficiary: Person who gets something from the estate
- Testator: The person who wrote up the will
- Intestate: When someone dies without a will drawn up
Historical records may have outdated terms such as consort for the spouse and issue for children and other descendants. When in doubt, look up any terms you don’t understand for more insight.
Learning more about everyday ancestor life
Besides names, relationships, and dates, you can learn a lot about how a person lived from their probate record. At the very least, you’ll know if they owned real estate or not. It will also reveal if they owned a business. Wills and estate lists also include things like furniture, jewelry, tools or equipment, and even livestock. You can imagine what their day-to-day life entailed by seeing what they held as the most valuable thing to pass on to their offspring.
You might find a lot of unique information that you hadn’t considered before. Anything from what books your ancestor passed down to specific family members to details about how much they left to their local church or industry organization can reveal a lot.
When you dive into genealogical research, every bit of information you get helps build a bridge to the past. The end of one ancestor’s life can open up doorways of understanding to how others survived and thrived during their own time.
FAQs about probate records in genealogy
Who creates and controls probate records?
These documents come from the local courts in the place where the individual lived and died. These may range from town or city offices to municipalities, counties, and even ecclesiastical districts.
What documents do probate records commonly include?
You’ll find a last will and testament, estate inventory including values, asset and property lists, guardianship appointments for minor children, creditor claims against the estate, and any summaries or other notes necessary to handle business.
How can you identify relatives on a probate list or will?
In many cases, the documents clearly indicate the names, dates of birth, and how the person was related to the deceased individual. Even without labels like son, daughter, or grandchild, you can guess the relations based on ages and how the estate gets distributed to them.
How far back in history were probate records used?
Most countries in Great Britain and Europe kept probate records since the 1500s. The United States started up in the 1600s during colonial times. Basically, if a country had some form of court system, they kept records to handle the distribution of property and wealth legally.
Do probate records exist if someone was impoverished or had no real assets?
In some cases, yes. If the deceased person had debts, the creditors would get listed in these records. Likewise, if they had children, the documents would exist to show who got guardianship of them. However, for poorer families, especially in rural areas, you may not find probate lists or wills of any kind.
