GenTips-L Archives
Archiver > GenTips > 1999-02 > 0918071303
From: <>
Subject: Re: GenTips-D Digest V99 #19
Date: Wed, 3 Feb 1999 14:48:23 EST
In a message dated 02/03/99 Penny asked:
> Can someone tell me how I go about locating wills? Where would wills
> from the 1700s and 1800s be kept? What is the procedure for getting a
> copy of one?
>
Wills (in the U.S.) will generally be found in the Probate Court in the county
in which the deceased individual resided. That assumes he/she wrote a will.
If none were written, there may still be a probate record with distribution of
property going according to the Statute of Descent and Distribution. That
statute specifies in each state who are the next of kin and what order of
distribution of property is made based upon the degree of relationship to the
deceased.
The probate record, where one exists, will generally
1. identify the beneficiaries named in the will:
devisees -- named to take real estate
legatees -- named to take personal property
2. list in an Inventory the property subject to probate jurisdiction
may provide street addresses or legal description of real estate
itemized list of personal property
3. list in an Account(ing) document the inflows (of cash or property) and
outflows (distributions and debt payments) as administered by the
executor/executrix (appointed where there is a will) OR
administrator/administratrix (appointed where there is no will)
Note: sometimes the deceased will make bequests of cash to a charity or
church that will lead to other documentary evidence to verify names,
associations, or other items of interest to the genealogist.
The will document itself may also provide names of witnesses who are related
to the deceased, or, may identify those named as beneficiaries by their
relationship to the Testator/Testatrix (the one who made the will, now the
deceased).
Hope this helps. Note, the court could go by another name, such as Common
Pleas Probate Division, or Chancery Court, or some other name which will vary
by State. Most states now have websites for government entities which should
allow you to find the correct name in any state with minimal time logged in.
This thread: