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The Search for Our Ancestry: Probate and Land Records

Angelo Coniglio | Jun 19, 2012, 6 a.m.

We’ve become accustomed to the wide range of genealogic records that are now available “at the click of a mouse” on Internet-based sources: censuses, passenger manifests, images of original birth, marriage and death (BMD) records, etc.

Where records aren’t yet available online, the LDS Church has myriad microfilms of these records and is working to index more of all types. So, too, are subscription sites like Ancestry.com.

Sometimes the more common types of records are insufficient to break through a genealogical “brick wall” to an earlier generation. You may have your grandfather’s U.S. census from 1880, giving his residence and his father’s birth state, but perusal of 1870 or earlier censuses seems to yield no further information about his ancestors.

In such cases, probate records and land records may shed some light.

Probate records are created by a court after an individual's death. They relate to the distribution of his or her estate. If the individual was testate, or left a will, then the probate process documents its validity and assures it is carried out by the executor named in the will.

Where an individual was intestate (did not leave a will), the probate process appoints an administrator to determine the distribution of assets, according to the laws of the jurisdiction.

Probate files may include the following and more, depending on where and when they were filed:

  • Wills
  • Lists of assets (estate inventories)
  • Petitions for guardianship of minor children
  • Lists of heirs

In the U.S., probate records are usually managed by a court in the county seat of the county of residence of the individual involved. Availability of and access to probate records is as varied as the wide range of counties involved. Probate records from some counties may be accessed online; other counties provide documents for a fee if the researcher identifies the decedent’s name and the dates and places involved.

If specifics aren’t known, most counties allow researchers to browse indexes of records, or actual records, with a fee for any copies provided.

Like probates, land records are often kept at the county seat, in this case by a county clerk or registrar. Land files can contain a wealth of genealogical and legal information, depending upon the type and time period of the land entry.

The case file may yield only a few facts already known, or it may present new insights about ancestors, family history, and land title or use. For example, the records may attest to one’s age, place of birth, citizenship, military service, literacy, and economic status, and may even include similar information about family members.

But even the smallest case files can establish locations of land ownership or settlement and dates, all of which can lead to information available on other sources such as census, court, and military service and pension records.

Contact specific localities, counties, states, or even the National Archives to determine how and where probate and land records are kept and their availability. Nowadays, most of these jurisdictions have official websites that describe how such records can be accessed. It may require visiting the locale, but in many cases online orders can be made, and in some cases images of actual records may be available online.

Many images have been microfilmed and can be viewed at certain jurisdictions. The free LDS site FamilySearch (www.familysearch.org) can be searched by county name, which will return a list of county records available on microfilm.

For example, if you’re searching for probate or land records for Columbia or other towns or villages in Lancaster County, search on the place name “Lancaster.” That will return a list of Lancasters, including “Pennsylvania, Lancaster.” Selecting that title results in a list of 74 items, including “Pennsylvania, Lancaster – Probate records” and “Pennsylvania, Lancaster – Land and Property.”

Selecting those titles then leads to lists of specific records or indexes of records available on film. Note that when searching FamilySearch for records from a county whose seat has the same name (e.g., Pennsylvania, Warren), the name given after the state name is the county name, not the city’s.

 

  Write to Angelo at genealogytips@aol.com or visit his website, www.bit.ly/AFCGen.
He is the author of the book The Lady of the Wheel (La Ruotaia),
based on his genealogical research of Sicilian foundlings.
For more information, see www.bit.ly/SicilianStory.

Angelo F. Coniglio's 50Plus Author's Page

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