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From: "David Kearney" <>
Subject: Re: [LDR] Probate
Date: Wed, 5 Dec 2007 21:43:38 -0500
References: <006d01c83785$824fb920$6500a8c0@Gerry>


Gerry wrote:>>>>Disappointedly today I received that my ancestors will (1907) was not probated in Accomack County. What were the rules back then. My ancestor lived all his life on Chincoteague, died there and is buried there. I do know from a book that he left a will. So, my question is where was or could it be filed?<<<<
_____________________

Gerry,

In connection with trying to find some probate or other records concerning a cousin of mine who disappeared at sea, and who had identifiable connections with at least five different states, I read a brief discussion of probate jurisdiction which suggests that the state of probate jurisdiction could vary, depending on the place of residence, but also depending on the location of real property. I don't know from personal experience how this actually might come into play, or work in practice, but I suggest you broaden your search to the nearby jurisdictions including Maryland counties. Do you know if your ancestor might have owned real property in any other jurisdictions besides Accomack?

How did you determine that his/her will was not probated in Accomack? Could that information be in error?

Also, as Jack McNatt indicated, despite what you've understood your ancestor, it's possible that your ancestor did not leave a will, or that it never was introduced to the probate process -- that he or she died intestate. There still probably was a probate proceeding, so long as he/she died with property to be dispersed, but in this case, you will not find anything in an index/file of wills.

Dave K


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