Finding Your Ancestors: Fundamentals - Probate Records and Wills

This article is part of a series: Finding Your Ancestors: Fundamentals.

Probate Records and Wills are incredibly valuable genealogy research tools. Let’s start with two definitions:

Probate Definition

Probate is the legal process through which a deceased person’s estate is settled. This process includes:

Validating the Will: Determining if the will is legally valid.
Appointing an Executor: Officially naming the executor or administrator to manage the estate.
Inventorying the Estate: Compiling a detailed list of the deceased’s assets and debts.
Paying Debts and Taxes: Settling any outstanding debts and taxes.
Distributing Assets: Dividing the remaining assets according to the will or, if there is no will, according to state laws.

Will Definition

A will is a legal document that outlines how a person’s assets and property are to be distributed after their death. It also allows the person to name an executor who will manage the estate, ensure debts are paid, and distribute the remaining assets according to the deceased’s wishes. Additionally, a will can specify guardians for any minor children and provide instructions for their care. This document helps ensure that the individual’s preferences are respected and followed.

Genealogy Information in Probate Records and Wills

Just the word “Probate” causes people to freak out, primarily because it is a legal process, different in every state; it is combined with the loss of a loved one and requires cooperation between family members, many of who do not wish to cooperate. But for genealogy purposes, these records combined with Wills are incredibly valuable sources of terrific information about the deceased. They are often well-documented and provide a ton of details about the deceased’s life activities, relationships, relatives, friends, and acquaintances.

Below is a list of what information is available in both types of records. Much of the information is well-suited as specific genealogy information or clues for more research:

Adoption Information: Mentions of adopted children, guardianship arrangemnts, or legal wards
Appraisal Values: Estimated value of the estate’s assets
Biographical Information: Personal anecdotes, life stories, or achievements
Businesses Owned: if a partnership business arrangement, the names of the partners
Children’s Names: and possibly their birth date and location
Children’s Spouses’ Names
Citizenship Status: and possibly naturalization information
Date and Location of Death
Date of Probate: When the probate was granted
Date of the Will: When the will was written
Deaths of Other Family Members: possibly including siblings and children, or parents, depending on the age of the deceased
Debts and Creditors: Information about any outstanding debts and creditors
Debts, Liabilities, and Creditors: Any debts owed by the deceased and how they are to be settled
Deceased’s Signature: if on a will
Description of Estate: Detailed listing of property, including real estate, personal property, and other assets
Executor, Trustee, or Administrator: The person responsible for managing the estate, and alternates should the Trustee be deceased
Feelings of the Deceased toward Family Members: this can be deduced if not stated explicitly, by the amount of the estate that is bequeathed compared to that of others
Full Name: often the middle name is a challenge to find while researching, but it likely is found in either the will or probate documents
Funeral Expenses: Costs associated with the funeral and burial
Grandchildren’s Names
Guardianship: Information about the guardianship of minor children or dependents
Heir Information: Detailed information about the heirs, which can include more distant relatives
Inventory of items Owned by the Deceased: personal items, household goods, and other possessions
Land Ownership: Details about any land or property owned by the deceased
Military Service: Any references to military service or honors
Name of Spouse: and likely ex-spouses if they were a parent of their children
Name of the Deceased: Full name as listed in the probate record and/or will
Names of Beneficiaries: Individuals named in the will who are to inherit from the estate
Names of Parents and Siblings: Including their full names and sometimes their relationship to the deceased
Names of Spouse and Children: Including their names and sometimes their ages
Occupation: The deceased’s job or profession
Other Heirs: may be nieces or nephews, but also close friends or associates, and if the deceased had homeworkers
Previous Residences: Locations where the deceased previously lived
Real Estate Property Owned: including their locations and value
Relationship to Deceased: The relationship of beneficiaries to the deceased, such as spouse, children, or other relatives
Religious Affiliation: Mention of the deceased’s religious beliefs or affiliations
Residences: Addresses or locations of the deceased and sometimes the beneficiaries
Siblings
Special Instructions: Any special instructions left by the deceased regarding the estate or personal wishes
Specific Bequests: if not to a person specifically; may be to a charity, church, or other organization. May also specify an amount for the care of a minor child
Testamentary Letters: Documents granting the executor authority to manage the estate
Wills of Slaveholders: May Name Slaves Owned
Witnesses: Names of witnesses to the will or probate process

Probate Glossary

Probate has a language of its own. Here are some of the most common terms and their meanings:

Administrator

A person who is authorized by the court to manage and settle the estate of a deceased person. In some states, this role is called a personal representative.

Beneficiary

A person or entity who is named in a will or trust to receive assets. In some situations, a beneficiary may be termed a legatee or devisee.

Bond

A form of insurance that protects the assets of the estate.

Claims

Claims are the petitions, registers, accounts, or appeals filed with the court.

Codicil

A document that amends, rather than replaces, a previously executed will.

Conservatorship

A legal proceeding in which a court places the interests of an incapacitated adult in the care and protection of another. In some states, this is called a guardianship.

Creditor claim

A request filed with the court by a person or entity who believes they are owed money by the decedent.

Custodian of the Will

The person who has the Will when the person who wrote the Will dies.

Decedent

The deceased person whose estate is being settled.

Decedent’s estate

All the property (real or personal) that a person owned at the time of death.

Distribution

The division of estate funds among those who are entitled to inherit.

Encumbrance

Any claim or restriction on a property’s title.

Escheat

The process by which assets revert to the government. This occurs when legal heirs have not been located or have not come forward.

Estate

All the money and property owned by a person at the time of death.

Executor

A person or entity designated in a will and appointed by the court to manage and settle the estate of a deceased person. In some states, this role is called a personal representative.

Fiduciary

A person or entity who holds assets for another.

Final account

A final report to the court that details the finances of an estate or trust.

Guardian Ad Litem

A person the court appoints to protect the interests of another person in a specific court case. Latin for guardian at law.

Heir

A relative determined by the court to be entitled to a share of an estate.

Heirship Hearing

A legal proceeding in which evidence is presented to determine the entitlement of heirs.

Heirship Order

A court decision that declares the entitled heirs and their respective shares in the estate. In some states, this is called a kinship order.

Intestate

When a person dies without a valid will.

Intestate succession

The order of who inherits the property when someone dies without a Will.

Inventory

An itemized list of assets including cash and appraised property.

Issue

A person’s legal descendants (i.e. children, grandchildren, great-grandchildren, etc.).

Kinship Hearing

The process by which a person establishes that they are related to the decedent.

Legatee

A person or entity who is named in a will or trust to receive assets. In some situations, a legatee may be termed a devisee or beneficiary.

Letters of administration

A document issued by the court granting authority to handle the affairs of an intestate estate.

Letters testamentary

A document issued by the court granting authority to handle the affairs of a testate estate.

Next-of-kin

A person’s closest living relative or relatives.

Personal Effects

The decedent’s personal belongings that are not considered financial assets (i.e. clothing, photos, mementos, etc.).

Personal property

Things like cash, stocks, jewelry, clothing, furniture, or cars.

Personal Representative

The person responsible for overseeing the distribution of the estate.

Petition

A formal application made to a court in writing that requests action on a certain matter. To begin the probate process, a petition must be filed with the court.

Probate

The legal process in which a deceased person’s estate is settled and distributed.

Probate Researcher

A specialized area of genealogy that deals with identifying and locating the heirs to an estate and proving their right to an inheritance. Probate researchers are sometimes referred to as forensic genealogists.

Public Administrator

A county official who is appointed to administer an estate.

Real property

Buildings and land.

Share

The portion of an estate that an heir will receive as determined by state succession law or a decedent’s will.

Testate

When a person dies with a valid will.

Trust

When one person (trustee) holds property at another person’s (settlor’s) request for the benefit of someone else (the beneficiary).

Will

A legal document in which a person gives instructions for the distribution of his or her assets upon death.

Additional Resources

Here are a few good primers on the benefits of researching probate documents and wills as part of your genealogy activities:

How to Find Probate Records and Wills

Probate records and wills can be found both online and offline. Offline documents can be found here:

Local Courthouses: Probate records are typically kept at the county level where the deceased lived or died. You can visit or contact the local courthouse for access. Try the Probate Court or the County Clerk.

State Archives: Many states have archives that maintain historical probate records. If they are not available online, possibly you can visit the state archives.

How to Find Probate Records and Wills Online

Subscription databases such as Ancestry, MyHeritage, and FindMyPast have probate and wills collections available from all over the world.

If you are interested in Free Online Probate and Wills collections for the U.S., you can access links to over 10,000 collections at Free Online Probate Record and Wills Collections