Probate Records

Probate records are some of the most valuable court records for genealogists. Probate refers to the processes of transferring one's property and legal responsibilities and providing for the care of one's loved ones. Many types of documents are filed with the probate court to complete the legal action. Each document fulfilled a certain purpose when it was originally created, and some have more research value than others.

To see which Wisconsin counties and years our probate records cover, check our local history and genealogy collections.

Types of Probate Documents

Probate case files generally contain a wide variety of documents, including:

• Wills
• Petitions to the court
• Proof of will validity
• Administrator bonds
• Property inventories and appraisals
• Guardianship appointments
• Final accounting of estate distribution

Understanding Wills

A will generally names spouses, children and other members of the household such as hired help, grandchildren or distant relatives. It often indicates the ages of these individuals and their marital status. Wills are particularly useful for tracking daughters in a family because they state a woman's married surname. A will generally describes property—both personal and real estate.

In addition to these hard facts, a will can provide insights into your ancestor's personality, family ties, and economic conditions. Consider these questions when examining a will:

• What does the language or style of the will reveal about your ancestor's level of education?
• Was your ancestor involved in charitable organizations or political parties?
• What provisions were made for the widow? Was she economically restricted if she remarried?
• What were the family relationships as evidenced by the distribution of the estate? Did all individuals inherit equally?

Expanding Your Probate Research

Many researchers mistakenly stop using probate records when they locate an ancestor's will. Other probate records contain just as much valuable information. The administrator of an estate, whether court-appointed or designated in the will, must submit a variety of reports to the court, including:

• Petition to begin the process
• Proof of will validity
• Posting of bond by the administrator
• Inventorying and appraising the property
• Appointing guardians
• Final accounting of the distribution of the estate

Bound Records

Some probate documents may be found in case files, while others were copied into books by the probate clerk. One example of a bound record is an order book, which records the judge's final decisions. If a will does not exist, this is another source that documents names and relationships of family members.

Probate inventories provide a wealth of detail about an individual and a household. The inventory is a listing and appraisal of all personal and real estate property. Researchers often find joy in discovering listings that match family heirlooms passed down through generations.

Judgment on Claim

Another record generated by the probate clerk is the judgment on claim. These volumes recorded the claims individuals made against estates. Many entries document money owed to various individuals, but some entries can be quite revealing. For example, an entry might read "$5.00 owed to St. John's Evangelical Church for a funeral sermon," which could help identify an ancestor's church. Similarly, claims for graves made by specific cemeteries can provide valuable information.