Probate Records
A probate record is a legal document that deals with the distribution of a person’s estate after death. It includes court-supervised processes to validate a will (if one exists), inventory assets, settle debts, and distribute remaining property to heirs. During the period of American slavery—particularly the 18th and 19th centuries—enslaved people were legally considered property and were therefore included in probate inventories, valuations, and distributions.
What Is in a Probate Record?
- During the slavery era, a probate record might include:
- The will of the deceased (if one existed)
- An inventory of all property—land, livestock, household goods, and enslaved individuals
- Appraisals listing the names, ages, physical conditions, and monetary values of the enslaved
- Bills of sale or receipts (if enslaved people were sold to satisfy debts)
- Distributions showing how the property—including enslaved people—was divided among heirs or creditors
Locating Probate Records
Probate records during the slavery period (roughly early 1600s–1865 in the U.S.) are one of the most valuable sources for finding documentation of enslaved ancestors. They often list enslaved people as property in wills, estate inventories, appraisals, sales, and divisions among heirs.
Here’s a comprehensive guide on where and how to locate probate records from the slavery era:
County Courthouses and County Archives
- Primary Location: Probate records were almost always recorded at the county level (or parish level in Louisiana).
- Where to look:
- Clerk of the Probate Court or Clerk of the County Court offices.
- County Archives or Historical Societies may hold originals or microfilm copies.
- Tip: Look for terms like estate files, wills, administrations, guardianships, and inventories.
State Archives and State Libraries
- Many counties have transferred old probate records to state archives.
- Examples:
- Georgia Archives (for Georgia counties)
- Alabama Department of Archives and History
- Virginia State Library and Archives
- State Library websites often have searchable databases or indexes to probate records.
University Special Collections
- University libraries with strong southern history collections often hold:
- Private family papers
- Manuscript collections (containing wills and estate documents)
Published Abstracts and Books
- Many genealogical societies have published books abstracting early probate records.
- Examples:
- "Wills and Administrations of [County, State]" series.
| Probate Records on FamilySearch | |||
| Alabama, Probate Records, 1809-1985 | Arkansas, Probate Records, 1817-1979 | Delaware Probate Records - Full-Text Search | Florida, Probate Records, 1784-1990 |
| Georgia, Probate Records, 1742-1990 | Kentucky, Probate Records, 1727-1990 | Louisiana Probate Records - Full-Text Search | Maryland, Probate Estate and Guardianship Files, 1796-1940 |
| Mississippi, Probate Records, 1781-1930 | North Carolina, Probate Records, 1735-1970 | South Carolina, Probate Records, Bound Volumes, 1671-1977 | South Carolina, Probate Records, Files and Loose Papers, 1732-1964 |
| Tennessee, Probate Court Books, 1795-1927 | Tennessee, Probate Court Files, 1795-1955 | Texas, Probate Records, 1800-1990 | Virginia Probate Records - Full-Text Search |
| West Virginia Probate Records - Full-Text Search | |||
Will: A will is a legal document in which a person, known as the testator, expresses their wishes regarding the distribution of their property and assets after death. The will can also name guardians for minor children and specify other final wishes.
Probate: Probate is the legal process through which a deceased person's will is validated by a court, and their estate is administered and distributed according to the terms of the will or, if there is no will, according to the laws of intestate succession.
- Will: A will is a document that outlines the testator's wishes for the distribution of their estate.
- Probate: Probate is the legal process that validates the will and oversees the administration of the estate.
- Will: Created during the testator's lifetime and takes effect upon their death.
- Probate: Occurs after the testator's death to ensure the will is followed and legal requirements are met.
- Will: Specifies how the estate should be handled and who should benefit.
- Probate: Ensures the legal and orderly transfer of the estate according to the will or state law.
- Will: Involves the testator, beneficiaries, and the executor.
- Probate: Involves the probate court, executor/administrator, beneficiaries/heirs, and potentially creditors.
- Will: Must meet specific legal requirements to be valid (e.g., signed, witnessed).
- Probate: Involves a series of legal steps and court procedures to settle the estate.
| Important Search Tips for Slavery-Era Probate Records | |
| Search Term | Context |
| Negro man/woman/boy/girl named... | Common phrasing in wills. |
| All my slaves to be divided among my children | Typical phrasing in estate divisions. |
| Personal property inventory | May list enslaved persons alongside livestock and furniture. |
| Appraisement of estate | Values assigned to enslaved individuals. |
| Bill of Sale" or "Deed of Gift | Transfers of enslaved people between individuals. |
