Probate is the process of locating and distributing a deceased person’s assets to their heirs or beneficiaries. Probate court records are public and can be accessed through the court where the probate was administered. In the US, probate laws vary by state. Before searching for probate records, gather information about the person, and if the records are not available online, contact the court directly for copies.
The probate process consists of a court locating and registering an individual’s assets after death, paying outstanding financial obligations, and releasing the balance of the estate to identified heirs or beneficiaries. Probate court records are filed for this process and maintained as a public record issue, accessible through the court where the probate was administered. There are several ways to access probate court documents, but the most convenient strategy is to contact the court directly.
The word “probate” comes from the Latin word “probare”, which means “to try”. In court, the authenticity of a will and testament must be proven. When a person dies, inheritance laws, which vary from state to state and country to country, outline the necessary steps the court must follow to establish a succession. In the United States, probate laws are administered under the jurisdiction of each state. Each country has its own system and even international records can be achieved with some effort.
Over the centuries, succession laws have changed dramatically. There are no consistent requirements governing the types of documents, their availability, and the court’s maintenance responsibilities. However, some general practices are usually observed. Most courts will keep records of wills, the names of administrators or executors, sales of property or assets, judgments, and the division of property between or between beneficiaries.
Before you begin your search for probate records, it’s important to gather as much information as possible about the person in question. Useful statistics include full name, date of death, county or city of death, marriage information, and property address. While probate court records can provide a great deal of information about relatives, disposition of property and assets, and physical address, they can also be very sparse and offer little information, especially if the search is for probate court records that have several decades.
The first and often easiest strategy is to conduct research online. Unfortunately, many courts do not have probate documents available online. Online family history research services can offer some assistance, but they often come with a hefty fee.
If a state or county does not provide access to probate records online, physical address information and email or telephone contact information can be found on the court’s website or through a telephone directory. Most probate courts will be able to communicate with an individual by telephone or email and will often be able to send copies of documents by mail for a small fee. In some cases, however, a court will only issue documents to people who appear in person at the court to sign for them.
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