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.

Suggested Text for United States Probate Records Page
[most text has been moved to the U.S. Probate Records main page]

Suggested Text for State Topic Pages
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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.

While probate records are one of the most accurate sources of genealogical evidence, they have limitations.

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 Wills, 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.

[don't include this if the horizontal "Topic" sidebar is being used] Click on the following links to wiki articles for additional information on probate records:


 * United States Probate Records
 * Probate Process
 * Probate-related Records
 * Analyzing Probate Records
 * Glossary of Probate Terms

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. 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] [text moved to Glossary of United States Probate Terms]

Analyzing United States Probate Records
[When this article is finished, provide a link from the Overcoming Limitations section of the Limitations article back to this article.]

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. Careful analysis of probate documents is important to family history researchers because these documents can provide information to help reconstruct family units. While probate records are one of the most accurate sources of genealogical evidence, they have their limitations.

Strategies
Look in indexes (see "Indexes" subheading below) and court dockets for the surname of interest.

Search the court minutes. These are the notes of the probate court proceedings. Use the minutes to develop a timeline of actions for the estate of interest. The court minutes will provide clues to finding unindexed records.

Consult bound volumes as well as probate packets. The documents found in the case file might not be filed in any logical order, but maintain the order of the documents as you found them.

Study documents for names, relationships (stated and implied), localities, and possible irregularities.

Transcribe or abstract the documents, being careful to maintain the original arrangement, spelling, and punctuation.

Check the statutes (laws) that were in effect during the time period of interest. These can be found in law libraries or by searching the internet for books available in the public domain, such as those found on Google Books or the Internet Archive.

What records might be missing? Not all probate-related records are kept in the same file, cabinet or court. Read the Probate Process article to determine if a document might be missing.

Wills
Because the will usually describes the estate and often gives the names and relationships of heirs or beneficiaries, it can be one of the most valuable of probate documents.

The testator died between the devising of the will and the date that the will was presented in court. This can be useful for estimating a death date when no formal death record exists.

A will might provide evidence of other records to consider. For instance, mention of religion might lead to church records and mention of land ownership might lead to land records.

When analyzing a will record, be aware of the following potential problems:


 * Not everyone left a will.
 * The wife mentioned in the will may not be the mother of the children mentioned in the will.
 * The will may omit a deceased child.
 * The will may omit a child who already received his or her inheritance.
 * Maiden names of female spouses are not usually mentioned.
 * Children are not always listed in birth order; sons may be listed before the daughters.
 * Those named are not necessarily related to the testator.
 * There are no every-name indexes for those listed in the will.
 * There may be a problem with lack of punctuation. For example, is Mary Beth one name or two?
 * It can be difficult to determine the difference between married and middle names.
 * Relationships may be misleading. For instance, uncle or aunt may be spouses, cousin may mean nephew or niece, son-in-law could mean stepson, nephew could mean grandson, and brother and sister may mean brother and sister in the Gospel.

Distributions
When the distribution was completed and payments to the creditors and heirs made, the executor or administrator presented to the court a record or decree of distribution and settlement. This document listed the beneficiaries of the estate and the property each received.

Distribution records are often the most helpful source of family information in an intestate case. Distribution accounts might include clues to an heir's change of name or address. The testator's personal account book might have been presented to the court as proof of distributions made prior to the will or probate.

Inventories
An appraiser prepared an inventory that listed the property in the estate and obtained an appraisal of its value. Inventory documents may include real estate, personal property, guardians, conservators, partnerships, minors' estates, appraisals, appraisers warrants, and reports. In intestate cases the inventory is very important as it may describe the land, tools, slaves, and other personal property at the time of death.

These records are sometimes transcribed in the will books or in separate volumes, but the originals may be in the probate packet.

Bonds
Bond records include those of administrator, executor, guardian, appraiser, and trustee. Careful analysis of bonds can help to determine relationships. In most probate cases, the court required the administrator (and sometimes the executor) to post a bond to ensure that he would properly complete his duties. The bond required the administrator to pay a fee to the court if he failed to adequately administer the estate. One or more persons were required to co-sign the bond as "sureties." These individuals were often members of the family or closely associated with the family. Therefore, the surname of the bondsman might provide a clue to a maiden name if the wife was named as executrix.

Indexes
When available, only the name of the deceased appears in probate-related indexes. Not all indexes follow the same pattern. Some courthouse indexes are complex enough to require guides to use them. (See the United States Index Systems article.)

In Delaware, New Jersey, Maryland, and Pennsylvania, two indexes are used to get to the desired records. First, use the alphabetical Estate Index to determine the book, page, and block number of reference in the Proceedings Index. Then refer to the Proceedings Index for the references found in the pertinent block. The Proceedings Index inventories the major records in an estate file.

In North Carolina, land that was transferred by will did not get recorded in the deed indexes; use the Devisor and Devisee indexes to locate the record. In a few other states, this index might be found as an Heirs by Descent index.

Miscellaneous Documents
Probate court records might also include unrecorded wills, widows' allowances, orders to find heirs, objections by heirs, sales documents, marriage settlements, written depositions, arguments of attorneys, waivers, changes of name, legitimization, memoranda, appeals, estate taxes, and more.

Suggested State "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.

State Censuses
For a list of state and territorial censuses:


 * Lainhart, Ann S. State Census Records. Baltimore: Genealogical Publ., 1992. (FHL book X2Lai.) State-by-state list of censuses, and selected census substitutes. Describes dates, coverage, content, indexes and availability.

In addition, the staff of the Family History Library has compiled the following register which lists all state census records available at the library:


 * Church of Jesus Christ of Latter-day Saints, Family History Library, US/Canada Reference Staff, State Census Register, 3 vols. (Salt Lake City: Family History Library, 2005). FHL Ref. book 973 X23us. Available free online through Brigham Young University's Family History Archive: Vol. 1, Alabama - Kansas; Vol. 2, Kentucky - New York; Vol. 3, North Carolina - Wyoming.

= 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