 |
| Tombstone of Lawrence Bradley, 1828 |
Wills and probate records are often overlooked but are some
of the most genealogically rich documents a researcher can find. These records
contain estate details and important family information.
Among the biggest mistakes a researcher can make is to
assume that their ancestors did not probate their estates because the family
lived in rural areas. In reality, rural residents were more likely to probate
estates because they often owned land for farms. Urban residents typically left
less property than people living in rural areas unless they owned property in
other areas.
Probate records provide important details about a person’s
family and familial relationships. They
can even be used to identify the parents for certain individuals, which is
handy for research before the 1850 U.S. Census.
However, the documents can be more complicated than other
resources, because many families used the same or similar names across
generations. For example, it can be time consuming to determine the difference between
the son Nicholas Meriwether, the grandson Nicholas Meriwether and the nephew
Nicholas Meriwether.
Probate records also can reveal the names of wives, husbands
and children of the deceased, as well as married daughters and sons. Often
maiden names for the women mentioned in the documentation will also be
included. These documents also can give researchers ideas about where their
ancestor may have lived before settling and buying property.
So, what is the difference between a will and a
probate?
 |
| Lawrence Bradley, an American Revolutionary soldier, came to Lawrence County around 1815. According to his tombstone, he died Jan. 26, 1828, in what is now Sulphur, Independence County, Arkansas. His will appears in the "Lawrence County Loose Probates" and dates to Nov. 6, 1819. |
A person who has a will dies in testate. The deceased
died with his intentions completely and legally recorded before his death. A
person who dies with no will is intestate, and therefore, the deceased
has forfeited the right to determine how his or her estate is distributed. In
that case, the probate court will appoint an administrator who will distribute
the assets. These probate files can contain many types of documents, including
unfiled wills, bonds, inventories, administrations, orders, accounts, decrees
and distributions.
Guardianship records for minors also fall under the banner
of the probate court. When looking at these documents, pay attention to whom
the court appoints over a minor. The relationship can be of great importance,
it could be a relative or close family friend. These documents also will name
the deceased parent of the minor children, which will help put together the
family unit.
Wills are helpful when conducting African American genealogy
before the Civil War. Slaveholders would list enslaved people in their wills,
because they were considered valuable property.
Researchers also can find
enslaved people listed in probate file inventories. Many times, these documents
will list family units together, which helps researchers looking to reconstruct
who the family was, what they looked like and other details about their lives.
The Arkansas State Archives has wills and probate records
for all 75 counties. Dates do vary from county to county. These documents can
also be obtain by going to the county courthouses, or online at FamilySearch.org
or Ancestry.com. The Arkansas State Archives has free on-site access to
Ancestry.com for patrons who wish to come research.
Next month, the Arkansas State Archives will explore the
difficulties of researching women, especially before the twentieth century.
For more information, visit the Arkansas State Archives
online at state.arkansas.gov or contact us at 501-682-6900 or state.archives@arkansas.gov.
