Monday, December 15, 2014

What is a Probate File?

I wanted to look up the definition before I tell you what a probate file is to me.  In Wikipedia it says that a probate is a legal document.  Receipt of a probate is the first step in the legal process of administering the estate of a deceased person, resolving all claims and distributing the deceased person's property under a will.  That describes much of what I see but I have noticed several other documents that seem to be in probate files.  Here are six things that we see in the various files--not all at the same time.  

  1. Guardian requests.  This has been interesting to me because I noticed a number of times that the mother is requesting guardianship of her children.  That was inconceivable to me because I would have assumed that the mother was always the legal guardian of her children.  After encountering that I asked the director of the archives why a mother would have to go to court to become her children's guardian.  He explained that back in that period of time it wasn't an automatic thing because a woman didn't have the same rights as a man.   Very interesting!  I have seen requests to sever ties with the appointed guardian, get more money for the guardian, be emancipated from the guardian, or be released as a guardian.
  2. Insanity.  These are often used when someone is being committed to the insane asylum.  For me that is poignant because right by our archives is the original state asylum and believe me it did not look very welcoming.  They are now being refurbished into state office buildings but I can only imagine what stories unfolded within their walls.  I often wonder how many people legitimately needed to be there and who had Downs syndrome or other disabilities who were committed because their family couldn't or didn't want to deal with them.  The reason these are in a probate file is because once they are going to be committed they are given a guardian who will take care of their finances and other legal needs they may have.
  3. Partition.  This particular document involves land.  What is interesting to me is some of the descriptions of the property to be given to the surviving relatives.  Things like "from the side of the stone fence over to the far side of the creek bed" or "across the big field behind the barn to the Joneses land."  I met a volunteer in the archives who specializes in land grants and property in wills and I could definitely see why people would go to court for clarification.  Another interesting thing about partitions is that if there is a cemetery on the property you have bought you are required by state law to maintain the burial plots and people are allowed to come and see their family plots.  Continued!    

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