If you’re an avid DIY genealogist, you’ve likely scoured MyHeritage’s billions of records to create your family tree. However, you’ll also know that, at some point, you’ll hit a dead-end. Fortunately, other resources such as wills and probate records can help you continue your research.
Millions of wills and probate records are available online in places like the U.S. government archives, and they represent some of the most revealing documents available in genealogy.
These records cover the practical realities of a person’s final years and sometimes even expose relationships that were never officially recorded. So, let’s take a look at what these documents can do for your family tree building efforts.
Key takeaways on using wills and probate records in genealogy
- People mentioned in wills often turn out to be relatives who never appear in census records, vital records, or church records.
- Executors, witnesses and beneficiaries sometimes show who cared for others, and who their neighbors were, even when official records don’t.
- Probate papers can show how a household was set up in real life, especially when property or personal items were passed on to unexpected people.
- Arguments recorded during probate occasionally expose connections that had been hidden, forgotten. or never written down.
- When these details are added to your existing research, the shape of the family usually becomes clearer.
What are wills and probate records?
A will is a document in which someone sets out who should inherit their money, belongings and property. It usually names close family, friends or anyone they had a personal or financial connection with. Probate, on the other hand, is the umbrella term for the legal process that follows someone’s death.
The will details what the person owned and owed, as well as appointing an executor and listing how the person’s estate should be distributed to beneficiaries. However, when no will exists, a different (but similar) set of papers is created to show who has the right to handle the estate.
Other types of probate records you might encounter include:
- Last will and testament: This is a person’s written instructions for how their estate should be shared. For genealogists, it helps identify immediate relatives, dependents, and other named connections who mattered in that person’s life.
- Probate: Probate is the legal paperwork that proves the will is valid and oversees the settling of the estate. These records can confirm addresses, occupations, and show who was responsible for handling the deceased’s affairs.
- Letter of administration: This document is used when someone dies without leaving a will. It usually reveals the next of kin, because it names the person who was legally entitled to take charge of the estate.
- Inventory: An inventory is a detailed list of a person’s property and possessions. It offers rich clues about lifestyle, work tools, wealth, and even the structure of the household at the time of death.
Used either separately or together, these records make it easier to see who was connected to the person and the nature of each relationship. They also help you tie loose documents together, making it easier to see who’s who in your tree.
How to use wills and probate records in your family tree
How can wills and probate records help your tree-building journey? Well, before diving in, it helps to approach these records in a logical order. As we now know, wills tell you who was named, while probate files show how the estate was handled and who was involved.
So, let’s look at the steps you need to take…
Step #1: Start with the names in the will
Work through the list of beneficiaries, witnesses, and executors. Each person usually had a reason to be there (family, close friends, or neighbors), and those names often match people who appear only briefly in other records.
Step #2: Look at how each person is described
Terms like “son,” “niece,” “step-daughter,” “kinsman,” or “friend” give you immediate clues as to the identity of each person in the will. Even vague phrases such as “my lawful heir” or “to be treated as my own” can point toward blended families or unofficial guardianships.
Step #3: Compare the will with the probate file
Probate packets often include addresses, occupations, valuations, or affidavits that explain who handled the estate. This can be useful in confirming identities when several people in the area might have shared the same name.
Step #4: Map each name back to your existing documents
Check census entries and vital records for matching addresses or surnames. A single overlap relating to a street, a job title, or even a shared witness, is sometimes all you need to anchor someone in the right branch.
Step #5: Add new links only when the evidence matches
Wills can look straightforward enough at first glance, but as is the case today, family relationships were sometimes complicated. As such, if you’re not certain where someone fits, leave a short note in your tree and wait until another record confirms the connection.
Using wills and probate records to strengthen your research
Wills and probate files can reveal relatives, clarify relationships and confirm details you won’t get from vital records alone. When you compare these documents to the research already in your tree, it often leads to connections starting to fall into place far more easily.
So, if you’re ready to dig deeper, compare what you know with what probate files show, you can explore MyHeritage’s collection of historical records. It contains billions of records and is the go-to place to start adding to your family tree.
FAQs about using wills and probate records in genealogy
Do I need the full will for my family tree, or is the probate index enough?
The index helps you confirm dates, addresses, and executors, but the full will usually hold the details you need. If you’re trying to untangle relationships or prove a link, always read the complete document.
What if the will doesn’t mention every child in the family?
That’s fairly common. Children might be missing because they were already provided for, estranged, or simply not included in that version of the estate plan. Treat omissions as clues, not conclusions.
Can wills help when someone changes their surname?
Yes. Executors, witnesses, or beneficiaries often appear under earlier or alternate names. These listings can help you bridge gaps when marriage records or deed transfers don’t tell the full story.
How far back can wills actually take my family tree research?
Some U.S. wills survive from the early 1600s, especially in places like Massachusetts, Virginia, and Maryland. Even when the paperwork is patchy or only partly legible, the names, land references, and relationships they contain can push your research back another generation or two.
What should I do if a probate file contradicts the information in my tree?
Treat the probate file as the stronger source. These were legal documents, so the details usually carry more weight than family stories or guesses. Make a note of the conflict, adjust the tree where it’s clearly wrong and leave room for both possibilities if the picture still isn’t settled.
