The Steps of Researching Using Probate

The Steps of Researching Using Probate

You want to research your family history and need a good place to start.  Probate court records can provide the family researcher will loads of valuable information on past history because they have been recording deaths, property ownership and transfer and other pertinent information about people for years. 

What are the steps of researching using probate court records? 

Probate comes from the Latin word meaning "to prove."  Probate is a process of authenticating a will or using existing inheritance laws to process the estate of someone who has died.  Probate laws can change from state to state, but some practices are generally followed by all states.  The probate estate of someone who died (the decedent) who left a will is called "testate."  The probate estate of a decedent with no will is called "intestate."

The first step of researching using probate court records is to determine where the decedent lived at the time of death.  You have to then locate where the probate court jurisdiction for the property involved is, and then notify that court system.  Sometimes, the names of counties might have been changed since the time of death.  For example, in Maine, parts of Lincoln County in 1760 are now parts of other counties, Waldo, Knox, Kennebec, Washington, Hancock, Androscoggin, and Sagadahoc counties in Maine.  You will use the name of the county as it appeared at the time of the decedent's death.  You can save time by using the internet or telephone to ask for the archive or files that you want.  States now often have Web home pages to assist researchers with their searches.

Next, you will need to locate the index of the probate records you want.  You best bet is to look online for a Web site of the most likely archive, because many archives now have Web pages with information such as telephone numbers, holdings, and directions on how to get to the property involved.  Some indexes of information are also stored on microfilm at archives research libraries for you research needs.  If it is necessary, you will need to travel to the county where the person you are researching lived and visit the archives, looking in the indexes for the decedent's last name on any case records.  The date of the probate documents will be fairly close to the time of death, information that could prove useful in family research.

As you research a particular past relative, you need to be thorough and investigate the names of any relatives of the decedent.  You may be surprised by files of pertinent information on the decedent in what seemed to be an unrelated file.  Begin by making a list of all files you wish to see and give it to the court clerks, who will then retrieve them for you.  It may take several days or weeks to gather these files, especially if they are being stored off site from the courthouse.  The best idea is to get in contact with the clerks by phone or online days or weeks prior to any actual traveling.  While many old files can have become lost over the years, you can still find lots of good information in the probate record books.

When you examine court files, take notes as you research, being sure to write down or photocopy any valuable information before returning the original file to the clerk.  It is important if you are doing a great deal of research to label and file your findings in an organized manner and that you note the address, phone numbers, and names of helpful persons at the location in case you need to contact them in the future.