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From: "John Slaughter" <>
Subject: [MAMiddle] NEHGS eNees 11/8/06
Date: Wed, 08 Nov 2006 17:11:40 -0800


Using Probate to Fix a Date of Death
by Michael J. Leclerc

Probate is the process by which the property left by a deceased person is
handed over to the beneficiaries. Probate matters are controlled by state,
not federal, law. Because of this, the rules governing probate vary from
state to state. They will also vary through time, as probate laws were
periodically amended from time to time. Having an understanding of the
probate laws in effect at the place and time you are researching can help
greatly in your research.

For example, according to Massachusetts law in the 1780s, no probate action
could be brought before the court until a person had been deceased for 14
days. By the same token, if the executor or executors of a will, knowing
that they have been appointed to such office, did not cause a will to be
proved within 30 days, they were subject to a fine of 5 per month until
they entered the will into probate.

Knowing these laws, it is possible to fix the date of death for someone who
left no record of death but did leave a will. Such persons would most likely
have died between 15 and 30 days prior to the date the will was proved.



John Slaughter
In loving memory of our son, Brennan. 11/10/88-5/31/01.
http://john-slaughter.rootsweb.com/Brennan.html

MA-Bay-Colony & MAMiddle list moderator
USGenWeb County Coordinator
Essex County, MA - http://www.rootsweb.com/~maessex
Middlesex County, MA - http://www.rootsweb.com/~mamiddle
USGenWeb Town Coordinator Ipswich, Essex, MA -
http://www.rootsweb.com/~macipswi

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