Each element of genealogy, whether census records, land records or probate records, require learning about how and when these records were created, who created them and what exactly was included in those records. A probate process is used to determine how a property will be administered and distributed after a person’s death. If there is a will, then the probate court may oversee the terms of the will and see that its wishes are followed. If there is no will, the probate court will name an administrator to oversee the distribution of the estate.
Thanks to FamilySearch.org, many probate files have been digitized and are available on their website as well as on Ancestry.com. On Ancestry.com, you can search in the “Card Catalog” and enter a state name (e.g., Kentucky) in the title box and “probate” in the keyword box. Then you can search by surname and county.
What you find may be just a sample of the possible records available in the probate file for your ancestor. You may find an application for a bond to protect the administrator and the estate from fraud. There may be bills owed by the estate and debts collected by the administrator for the estate. There may be the naming of guardians for minor children as well as the partition of the widow’s estate. There may also be a final accounting, listing all the heirs and their share of the estate.
If you identify a document about a probate action, you should contact the probate court in that county and ask if there are more documents in the person’s probate file. You will want to collect as much information about the deceased’s estate and about those who inherited from him.
~ Carol Cooke Darrow, Certified Genealogist, teaches a free beginning genealogy class on the second Saturday of the month at the downtown Denver Public Library, 10 am – noon, followed by guided practice on Ancestry.com from noon -2 pm.