What is a probate record?
Are probate records only created after the death of the individual? If so, can we assume the individual died before this date?
Answers
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A court creates probate records after a person’s death, based on the contents of the deceased person’s will. Probate records dictate the distribution of a person's estate and the care of any dependents.
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While - generally - probate is created at or just after the death, there are some exceptions.
For example - my 2nd GGF died in 1863. The probate file includes records from the early 1850s and was created in the 1870s. There was a mortgage from the early 1850s that had to be settled in the early 1870s. Unfortunately, that has led some researchers to assume that his brother-in-law was his son-in-law, making an unholy mess of the family line.
And a 3rd GGF on another branch of my family also died in 1863, in another state. His estate was still being settled, with suits and countersuits, well into the 20th century.
A probate file can be an absolute goldmine of info, but it's important to read all the material and not make assumptions.1
