For today’s post, I’d like to focus on the value of probate records. The word “probate” refers to the process of distributing a person’s property after they die. Usually people associate this with wills, which certainly can be part of the process but aren’t always. When dealing with Probate, there are a couple of terms that are important to know:
- Testate: When someone dies and leaves a will. In the will, the testator (person who died) appoints an executor/executrix(female), who is in charge of making sure the will is carried out. These probate records usually include the will (or a copy of it), inventories of the testator’s possessions, and records of the distributions of those possessions, whether it be to the heirs or property sales to others.
- Intestate: When someone dies and DOES NOT leave a will. Because there is no will, someone needs to be appointed an administrator/administratrix, who functions the same as an executor. These records will usually contain letters of administration (choosing an administrator), inventories, sale records, and records of what was given to the heirs. Because there wasn’t a will left to choose the heirs of the estate, these heirs are called heirs at law, which means that they were chosen as those legally entitled to inherit. They are usually children, spouses, or close family.
Probate records are wonderful because they often state relationships of parents and children, which doesn’t happen very often otherwise. They also provide a lot of information about the living circumstances of a person, which aids in us better understanding their living situation. Probate records are especially helpful in southern genealogy largely because of two reasons: 1) the lack of vital records makes it harder to prove relationships, and 2) property was so important to them (see land records post), so it was important that it was passed down correctly. Both of these reasons contribute to why some probate records are very detailed and extremely helpful.
Below is a PowerPoint that I have created to illustrate how helpful these records can be. I was able to piece together a lot of information about Rebecca Kennerly (Thomas’s daughter) just from probate records I found in Barnwell County, South Carolina.
Amy, great rundown! I just stumbled across your blog and think you've done a great job from the website building to the research and thoughtful way you've built your story. Regards, D. R. Kenerley I'd like to add your info to my website on the Kennerly family if it's ok with you? https://sites.google.com/site/ken4af/
ReplyDeleteThank you, and sure! I would appreciate acknowledgement of my work but I believe that genealogy is meant to be shared. I have also created a site at amycarpenter820.wixsite.com/thekennerlyfamily with a little bit more of what I've done if you are interested.
ReplyDeleteBest, Amy
Amy, any thoughts for me - my ancestor David Otis Hughes substituted in the Civil War for "Kennerly", and I see in the Orangeburg County, SC Probate 1865 - 1947 records that John C. Kennerly was Executor of the estate of George W. Hughes. I am trying to find out who David or D.O's father or siblings were. Any ides how Probate records might help when you don't know the name of the person who died? Thank you!
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