Probate records can be any kind of document used in an individuals’ estate settlement in court. The amount of documents and their contents can differ depending on the time period. If here is a large amount of property to settle, then multiple jurisdictions may carry records. These records are rarely found together in one place.
Following are possible documents found in probate court records:
| • will and associated records • list of heirs • letters testamentary • widow’s one-year support • appointment(s) of administrator(s) or executor(s) • inventory • Guardianship • petitions • Accounts • Releases |
• letters of administration • bonds • claims • dower apportionments • commissioners’ reports • receipts • judgments • orders • division of property • estate sale(s) |
Because probate records usually involve close family members and sometimes verification of those relationships, they are valuable resourced for genealogical research. A robust collection of information can be found, such as documentation of lineage, and sometimes these records can help you find other documents. You can also receive fast access to the records if they are published.
The opposite can also be true; if you are expecting to find important family details, but the testator did not document many details about relatives, probate records can be a disappointment rather than a treasure. Sometimes the estate is just not very large; sometimes relatives contest a will, making the facts hard to determine; and sometimes the property is sold off to pay outstanding debt. On some occasions, the records could be missing.
Regardless of these potential set-backs, probate records are still the most popular among genealogical researchers. Because so much personal information can be found, it is the most obvious place to begin looking. Rich biographical information can be found for the deceased family member as well as all of the relatives who are heirs. This can help you identify maiden names and married names of women that can link you to maternal family lineage, previous addresses, and ethnic origin.
When you begin requesting probate records from the court, be sure that you don’t narrow your results by asking to see a “will.” Most clerks will carry out this request quite literally and will give you only the will, even if there are various other documents in the file. You could be missing out on important information if you do not request the entire file
Ages of Legal Action
| Legal Action | Legal Age | Exceptions/Comments |
|---|---|---|
| Inherit | From birth | An unborn child can also inherit |
| Be enumerated in census | From birth | Usually heads of household only until 1850 |
| Witness documents | 14 (male); 12 (female) | The age of discretion under the common law was 14 (males) and 12 (females). Some exceptions are listed below |
| Attend school | 5 | Some schools accepted 3-year-olds |
| Testify in court | 14 (male); 12 (female) | |
| Choose guardian | 14 (male); 12 (female) | Must be 21 in New York. No choice until age of discretion; then, if guardian ppointed by court is unacceptable, can select another subject to court approval |
| Serve as apprentice | 14 (male); 12 (female) | Standard term was to 21 (male), 18 (female), or time of marriage. If apprenticed before age of discretion, bound only to ages 14/12. Must have written deed which allowed for apprentice’s content, except for orphans on the public charge |
| Show land to processioners | 14 (male); 12 (female) | Males only; southern states. (Procession means to walk around the boundary lines of local property owners.) |
| Be punished for crime | 14 (male); 12 (female) | Some general exceptions before 1860. Complicated changes in the 20th century |
| Sign contracts | 14 (male); 12 (female) | May be required to confirm contract after arriving at majority |
| Act as executor | 14 (male); 12 (female) | Usually administrator with will annexed so the court had some controls. Age 17 in Massachusetts, Rhode Island, Missouri; age 18 in Mississippi. Bondsman who could act as co-executor required in Vermont |
| Bequeath personal property by will | 14 (male); 12 (female) | Age 18 in Connecticut, Massachusetts, Virginia; age 18 (male) and 16 (female) in New York; age 21 in Vermont. Property may be held in custody of court pending review |
| Marry | 14 (male); 12 (female) | Parental consent required in most states until age 21(male) and 18 (female). Married child not subject to control of parents, could remarry on death of spouse without consent if underage. Age 18 (male) and 14 (female) in Mississippi, Ohio, Indiana; age 18 (male) and 15 (female) in Minnesota; age 17 (male) and 14 (female) in Illinois; age 16 (male) and 14 (female) in Iowa. Marriage is valid without parental consent, but officiator could be fined. Annulment or Divorce only way to void the marriage |
| Be taxed | 16 | Males only were counted; females appear as “heirs of . . . ” |
| Muster into militia | 16 | Males only |
| Procession land | 16 | Procession means to walk around the boundary lines of local property owners |
| Take possession of land holdings | 16 | “In possession of” on tax rolls signifies that the person named is at least 16 |
| Practice trade | 18 | Some cities licensed tradesmen to practice their Profession/occupation at age 18 |
| Release of guardian | 21 (male); 18 (female) | |
| Own land | 21 | Some states allowed females these rights at age 18 |
| Devise land by will | 21 | |
| Be taxed | 21 | Full poll responsibility unless exempt |
| Plead or sue in court | 21 | |
| Be naturalized | 21 | After meeting residence requirements |
| Fill public office | 21 | Age 25 or older required for some offices |
| Serve on jury | 21 | Grand jury, petit jury, coroner’s jury |
| Vote | 21 | Linked to 21 as age of land ownership, a prerequisiteto voting in colonies |