Finding Wills and Probate Records

Why Probate Records Are Genealogical Powerhouses

Probate records are created when a person's estate is settled after death. They are among the most underutilized yet information-rich sources in genealogy. A single probate file can name a spouse, children, grandchildren, in-laws, and even friends. It can reveal economic status, property holdings, and family dynamics that no other record type captures.

Types of Probate Records

Wills

A will is a legal document in which a person directs how their property should be distributed after death. Wills are genealogically valuable because they:

• Name the testator (the person who wrote the will)
• Name beneficiaries, usually with stated relationships
• May describe specific property items
• Name an executor responsible for carrying out the will's instructions
• Are dated, establishing that the testator was alive on that date

Estate Inventories

After death, an inventory of the deceased's property was often compiled. Estate inventories can include:

1. Household goods and furniture
2. Farm animals and equipment
3. Books and personal items
4. Enslaved people (in pre-Civil War records)
5. Debts owed to and by the deceased

Letters of Administration

When a person died without a will (intestate), the court appointed an administrator to manage the estate. The administrator was typically a close relative, so the appointment itself reveals family connections.

Final Distributions and Settlements

Court records documenting the final distribution of an estate name every heir who received a share and the amount they received. These are especially useful for identifying all children, including married daughters listed under their married names.

Guardianship Records

When minor children were left after a parent's death, the court appointed a guardian. Guardianship records name the children, their ages, and the guardian, who was often a relative.

Where to Find Probate Records

County Courts

Probate records are overwhelmingly held at the county level. The responsible court may be called:

• Probate Court
• Surrogate's Court (New York)
• Orphans' Court (Pennsylvania, Maryland)
• Chancery Court (some southern states)

State Archives

Older probate records may have been transferred to state archives, especially for counties that no longer exist or have reorganized.

Online Databases

Increasing numbers of probate indexes and images are available online. ActualPeopleSearch can help you identify the county where a person lived and died, which is the first step in locating their probate file.

How to Search for Probate Records

Step 1: Identify the County

Probate proceedings typically occurred in the county where the deceased person lived at the time of death. Use census records, death certificates, or ActualPeopleSearch to determine the correct county.

Step 2: Check the Probate Index

Most county courts maintain indexes to their probate records, organized alphabetically by the deceased person's surname. The index entry will give you a file number or book and page reference.

Step 3: Request or View the File

Once you have the reference number, you can:

• Visit the courthouse in person to view the file
• Request copies by mail
• Access digitized versions if available online

Step 4: Read the Entire File

Probate files can be thick. Read every document, including:

• The will itself
• Petitions filed by heirs
• Inventories and appraisals
• Accountings and receipts
• Correspondence between parties

Interpreting Probate Records

Family Relationships

Wills often state relationships explicitly: "to my son James," "to my daughter Mary, wife of Robert Brown." But sometimes they do not. When a will names individuals without stating relationships, look for clues:

• Unequal distributions may indicate previously provided gifts
• Land descriptions may match property records that name family members
• Omissions of known family members may indicate death, estrangement, or prior provision

The Order of Bequests

In many wills, bequests to the spouse come first, followed by children in birth order. While not universal, this pattern can suggest the ages of children relative to each other.

Witnesses and Executors

The people chosen as witnesses and executors were trusted individuals, often relatives, neighbors, or business associates. Research these names for additional family connections.

When There Is No Will

Not everyone left a will. Intestate estates were distributed according to state law, which typically gave the surviving spouse a share and divided the remainder among children. Even intestate proceedings generate useful records:

• The appointment of an administrator reveals a close relative
• Heir lists compiled for distribution name all legal heirs
• Property sales generate receipts naming buyers, who may be family members

Common Challenges

• Handwriting in older probate documents can be difficult to read
• Legal terminology requires familiarity with historical legal language
• Missing records result from courthouse fires, floods, and poor preservation
• Multiple jurisdictions arise when a person owned property in more than one county

Probate records reward patient and thorough research. They provide a window into your ancestor's world that few other records can match.