Probate Speech

Probate Speech

- The English initially brought their laws determining the diaposal of property to the colonies. This process was supposed to follow guidelines established by of the Chruch of England. Polictical circumstances quickly negated the process. Gradually, each colony began determining its own laws. Therefore, each state still has a variety of laws, officers, and processes to determine the disposiution of property upon the death of a person.

- When a person dies, various laws of the state of residence determine how the estate is handled, especially if there is no WILL and there are minor children. Persons who die leaving no will is said to die INTESTATE. Generally, the property is divided equally among the surviving relatives, and guardians are appointed for the minor children. This will involve additional records to be researched, such as GUARDIANSHIPS & COURT CASES.

- A WILL is a legal document disposing of the real and personal property of a person (TESTATOR) according to his/her wishes. The WILL becomes effective upon the death of the TESTATOR. Some WILLS are very long, others are very short. Some can be very humorous and full of praise for the accomplishments of various family members (sometimes these comments can be very detailed), others can be brutal as the decendent takes the opportunity to expose long term affairs, or hostilities towards ungrateful children or a spouse.

- In most cases, the WILL will name all children, including the married names of females, but if any children received their inheritances while the decendent was still alive, it is unlikely to be mentioned in the WILL. Unfortunately, sometimes phrases are used such as "ALL MY CHILDREN" or "MY DARLING WIFE".

- In some cases, researchers will uncover multiple WILLS. If this occurs, one must determine which WILL represents the "LAST WILL & TESTAMENT". This is the WILL that is executed and will always take legal precedence over all previous wills. Depending on a variety of factors, the process of determining which WILL was the "LAST WILL & TESTAMENT" of the decendent could be very lengthy.

- A CODICIL can be attached to a will if it is proiperly executed and filed with the WILL.

- Many references can be found for WILLS & PROBATE RECORDS in secondary sources which contain compiled abstracts or indexes. These sources can be very helpful in beginning your probate search, However be aware of the following problems: there can be errors in the transcription caused by misinterpreting the handwriting (very easy to do), copying in haste, and careless copying by the person doing the abstracting. If a will seems of interest to you, the best startegy is to write to the county courthouse or state archives for an official copy of the will

- When researchers are faced with using probate records, an excellent source to assist with legal terminology is BLACKS LAW DICTIONARY. This dictionary is essential to anyone doing legal research. It is an excellent source of explainations for all the older legal terms. Most libraries, regardless of size will have a copy in their reference collection.

- During the course of probate research, you'll discover that as an estate goes through the complicated probate process, a variety of legal records are created. These documents can include any or all of the following items:
INVENTORY OF THE ESTATE: This is a good way to measure the economic status of the decendent. It will also give the monetary value of an estate including debts the estates owes and debts owed to the estate, and whether the debts had been settled, amount paid to the funeral home, approximate date of death, names and fees paid to the doctor for the last illness, amounts paid to relatives; names of persons land was purchased from and who inherited the land. Slaves were once considered pieces of property. They might be listed by name (usually first only), with their dispositions, and whether they were kept in the family or sold.