Using Probate & Guardianship Records To Learn Details About A Person’s Lifestyle
Posted by Jeannette Piecznski
In this post, we're going to share some information how probate records help you learn about a person's lifestyle, not only the direct person but also family members and others that are included in the documents. A probate record is a broad term that covers many types of records that can be found at the courthouse. These records document the distribution and management of someone's estate. They include wills, administrations and guardianships.
A will is signed by the person who is declaring how his or her estate is to be distributed. The will is provided to the court after the person's death. A letter of administration is filed to settle someone's estate when there is not a will or one cannot be located. The heirs must be proven in an administration to ensure all relatives eligible to inherit are found and receive their portion of the estate. The person who is appointed or named as the executor or executrix of the will is designated to carry out the will. When a person dies without a will an administrator and administratrix will be appointed.
Guardianship records are also called conservatorships. A guardianship record is a legal document to appoint someone to be the guardian for a minor or incompetent person. This person is called a ward. The guardian can be a family member, friend or court official and is appointed by the court. It is not necessarily the person stated as the guardian in someone's will or the person the ward requests. Guardianships will include receipts and details of the estate on a regular basis. It will include receipts for items that were purchased for the ward's care.
Probate research can provide proof about family relationships, property and values of the estate. The record will include an inventory of the estate, list of heirs, creditors and property. Some probate records will include a codicil. This means that he or she made a change to their will. The list of heirs will usually include their address, age and marital status. Maiden names of females can be found in probate records. The probate process can take many years to complete. For research purposes, usually the will or letters of administration, declaration of heirs, inventory and distribution are the most helpful in locating information. Rarely will a death certificate be found in the probate record. When looking for a probate record, do not limit only to searching for a will. A will is only one possible document in sometimes a large collection of documents. Remember that if a person died without a will the search will be filed as an administration, not with probated wills.
Include in the search other family members such as: children, aunts, uncles, cousins, parents and others. Valuable information found in probate records can be missed if the search is only completed on the primary person. When looking at the full picture of the family member's records, you will learn information about their economic standing, if there are issues within the family, real and personal property, divorce, additional marriages and children. Researching probate records can lead to other records that can be found at the courthouse to provide more information.
Probate records are found in the county courthouse where the person resided. Most courts have sealed mental health, alcohol and drug related cases. In some circumstances, probate records can be found in other locations. A will can be found among land records. In other cases, when someone owned land in another county other than where he or she resided there will be information about the probate record in another county. Courts will normally retain two sets of records. The original documents and court record books or clerk's minutes, which include a transcription of the primary documents. In some circumstances, a probate record was not filed. This usually occurs when property was distributed prior to the person's death or they did not have property that needed to be settled by the court.
When visiting or requesting information directly from the courthouse, understand clerks do not have resources to allocate personnel to assist you with your research process. Making requests to them by mail may take weeks or months to receive an answer. PeopleSmart's On-Site County Court Records Search can help you in obtaining these records quickly. Additional information can be found at On-Site Records Search.
Wills & Administrations
A will is signed by the person who is declaring how his or her estate is to be distributed. The will is provided to the court after the person's death. A letter of administration is filed to settle someone's estate when there is not a will or one cannot be located. The heirs must be proven in an administration to ensure all relatives eligible to inherit are found and receive their portion of the estate. The person who is appointed or named as the executor or executrix of the will is designated to carry out the will. When a person dies without a will an administrator and administratrix will be appointed.
Guardianship Records
Guardianship records are also called conservatorships. A guardianship record is a legal document to appoint someone to be the guardian for a minor or incompetent person. This person is called a ward. The guardian can be a family member, friend or court official and is appointed by the court. It is not necessarily the person stated as the guardian in someone's will or the person the ward requests. Guardianships will include receipts and details of the estate on a regular basis. It will include receipts for items that were purchased for the ward's care.
Information Found In These Records
Probate research can provide proof about family relationships, property and values of the estate. The record will include an inventory of the estate, list of heirs, creditors and property. Some probate records will include a codicil. This means that he or she made a change to their will. The list of heirs will usually include their address, age and marital status. Maiden names of females can be found in probate records. The probate process can take many years to complete. For research purposes, usually the will or letters of administration, declaration of heirs, inventory and distribution are the most helpful in locating information. Rarely will a death certificate be found in the probate record. When looking for a probate record, do not limit only to searching for a will. A will is only one possible document in sometimes a large collection of documents. Remember that if a person died without a will the search will be filed as an administration, not with probated wills.
Additional Research
Include in the search other family members such as: children, aunts, uncles, cousins, parents and others. Valuable information found in probate records can be missed if the search is only completed on the primary person. When looking at the full picture of the family member's records, you will learn information about their economic standing, if there are issues within the family, real and personal property, divorce, additional marriages and children. Researching probate records can lead to other records that can be found at the courthouse to provide more information.
Where These Records Can Be Found
Probate records are found in the county courthouse where the person resided. Most courts have sealed mental health, alcohol and drug related cases. In some circumstances, probate records can be found in other locations. A will can be found among land records. In other cases, when someone owned land in another county other than where he or she resided there will be information about the probate record in another county. Courts will normally retain two sets of records. The original documents and court record books or clerk's minutes, which include a transcription of the primary documents. In some circumstances, a probate record was not filed. This usually occurs when property was distributed prior to the person's death or they did not have property that needed to be settled by the court.
When visiting or requesting information directly from the courthouse, understand clerks do not have resources to allocate personnel to assist you with your research process. Making requests to them by mail may take weeks or months to receive an answer. PeopleSmart's On-Site County Court Records Search can help you in obtaining these records quickly. Additional information can be found at On-Site Records Search.
