US Records · Probate and guardianship
A death certificate summarizes one event. A probate file can document months or years of family decisions: who administered the estate, which children inherited, where married daughters lived and who became guardian of minors.
Probate is more than a will
A person could die with a will or intestate, without one. Either situation could produce court records. The useful file may include a petition, bond, inventory, creditor claims, receipts, notices, sale records and a final distribution rather than a single will.
Genealogical details to extract
- Names and residences of heirs
- Married surnames of daughters
- Relationship of the administrator or executor
- Description and value of real and personal property
- Debts to relatives, businesses and funeral providers
- Signatures, witnesses and sureties
- Names and ages of minor children
Guardianship can continue the story
When a parent died leaving minor children or property, the court could appoint a guardian and require periodic accounts. The guardian may be a relative whose relationship is not stated elsewhere. Later reports can document schooling, residence, medical expenses and the child’s receipt of the estate.
Find the correct court and repository
Probate was usually handled at county level, but court names and custody differ by state. Begin with the county of residence and death, then check the county clerk, probate court, state archive or regional depository. Illinois IRAD, for example, holds probate and guardianship series from participating counties.
Search the docket and the packet
An index or docket confirms that a proceeding existed, but the loose case packet often contains the richest evidence. Request the complete file and cite each item. If the estate owned land in another county, an additional proceeding may appear there.
The absence of a will does not mean there was no probate record. Search administrations, estate files and guardianships under the deceased person and the minor children.
Sources and research tools
- Illinois State Archives: local records in the IRAD system
- New York State Archives: genealogy and probate resources
How we can help
We locate the court file, reconstruct every heir and connect American married names and addresses to the immigrant family.