PRIMARY SOURCES
Wills / Probate Records “Probate” originally meant the process of proving to a court that a last will and testament was that of the decedent. Today the term relates to the entire process of settling a person’s estate, and the will is just one of part of the larger packet of probate records. In earlier years the “will” referred to the final arrangement of dividing real property (immovable items such as land and houses), and “testament” meant the disposition of personal property (moveable items such as furniture, supplies, food, or slaves). The modern meaning refers to any legal document that provides details on the division of real and personal property after death. But not everyone wrote a will. Even if someone left behind an estate without a will, there are probably probate records that document the process of the disposition of the estate. If a persons dies testate that means they left a will and an executor is named for the estate. The executor then begins the process of proving the will in court. If a person dies intestate (without a will) the next of kin applies for a court-appointed administrator to manage the probate process. Beyond the issues of proving the will, the remaining manner in which the estate is processed is the same. There are many steps and documents created during probate, but the key items are as follows:
	• Appraisers are appointed by the court • An inventory records the assets to the court • If needed, a public sale of property takes place • All debts get settled, whether collected or owed • A decree of distribution is issued • All real and personal property is divided to heirs
Wills can be incredibly detailed in their mention of family members and relations, or there can be virtually no mention of a single name. In both situations wills and other probate records can provide a vast amount of information about an individual and how they lived. Estate inventories can be valuable resources for certain social and economic inquiries. Inventories were often taken room by room so you might be able to get a sense of the individual’s occupation, social status, economic status, and how a person lived based on the items listed in the different areas of the house and land. If the decedent was a slaveholder, sometimes the enslaved were identified by name rather than remaining in anonymity. During the probate process wills were typically copied into books or registers. Other probate documents might be recorded in other places, such as land records, so take care to understand how your local court or archive divides their records. If possible find the original will and probate package. Mistakes might have been made in the transfer of information and not all items might have been recorded. Published wills or abstracts are incredibly useful, but use them only as finding aids. Always make an attempt at finding the original documents and never use an abstract as your only source.  You Might Learn About: • Family members and confirm their relations • Previously unknown family relationships • Other marriages for either the man or his wife • The economic status of an individual • How much property a person owned • What tools or objects were used for a particular occupation • Family heirlooms that got passed down over generations • If the decedent was a slaveholder • The actual day and place of death occurred • A person or family’s religious affiliations Where to Find These Sources • Local courts with the possible names of: Probate Court, Superior Court, District Court, Orphan’s Court, Surrogates’ Court, or Register of Wills • State archives • County court house • Published abstracts at local history library or genealogical society • Family History Library (LDS) For more information, check out: Analyzing an 1804 Inventory by Barbara Clark Smith at History Matters How to Read Probate Records at Do History Probate Records Tutorial at History Works