Probate Records - Little Known Facts About Old Court Records

Probate records are files from a probate case, wherein the rightful heir is determined after the death of an individual who leaves assets behind. Probate cases may be transferred from the county courthouse to the state archives, depending on when they transpired.

Probate records are the legal documents arising from proceedings in a probate court. A probate case involves proving the authenticity of a last will or testament and determining the legal heirs of a deceased individual’s estate. Whether there is a will or not after the death of an individual, the case will still be tried in a probate court. In these instances, the laws of inheritance take effect, but probate records will still be kept.

Probate Records: How to Get Information from Them

A probate record is generally kept at a county courthouse but may be transferred to the state archives. The state archives are usually equipped with better recordkeeping facilities, that allow the documents to be preserved for a longer time. If you are intent on finding a probate record, you need to find out the location where the individual passed away, since it is likely that the probate case was tried there.

You have to keep in mind that several changes may have transpired over the recording of a probate record. For instance, adoption, name changes and determining guardianship may also have been decided on in a probate court. Women may also play a smaller part in probate cases before the twentieth century, since there were restrictions in the ownership of property.

However, they may still have been recorded in probate cases in some special circumstances. After the twentieth century, most states have made the probate record mandatory, regardless of whether a will exists or not. An executor or administrator is appointed by the court to carry out the proceedings and ensure that the rightful heirs receive their share of the estate in a probate case.

A probate record can hold significance for a number of purposes, but primarily for genealogical purposes, such as reconstructing a family tree. Historians may also find some valuable information in probate records as they go about in recreating a sense of the past. If you are contesting the verity of a probate case that was tried in the past after the discovery of new evidence, then you should request for copies of all the original files in the probate record for your reference.

There are several types of documents which can be found in a probate record. These may include the actual will, the names of the heirs, any receipts, the closing statement of the court and an inventory of the assets that will be divided among the heirs. There may also be a transcript of the probate court proceedings included in the probate records.

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