How to Read Calendar of Wills Records From New Jersey
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Online Resources [edit | edit source]
- New Bailiwick of jersey, Wills and Probate Records, 1785-1924, ($), alphabetize and images, incomplete.
- Documents Relating to the Colonial History of the Land of New Jersey
- Vol. 1, Wills 1670-1730
- Vol. 2, Wills 1730-1750,
- Vol. 3, Wills 1751-1760,
- Vol. 4, Wills 1761-1770,
- Vol. 5, Wills 1771-1780,
- Vol. half-dozen, Wills 1781-1785,
- Vol. seven, Wills 1810-1813,
- Vol. 8, Wills 1791-1795,
- Vol. ix, Wills 1796-1800,
- Vol. 10, Wills 1801-1805,
- General Index, eastward-books
- 1678-1980 New Jersey, Probate Records, 1678-1980 at FamilySearch - How to Use this Collection; images only
- New Jersey, Abstruse of Wills, 1670-1817 ($). Also at FindmyPast, ($), index.
- Calendar of New Jersey Wills, 1670-1760 ($)
- Index of wills, inventories, etc. in the Office of the Secretary of State prior to 1901 ($)
- New Jersey Index of Wills, Inventories, Etc., Vol I ($)
- New Jersey Index of Wills, Inventories, Etc., Vol Ii ($)
- New Bailiwick of jersey Index of Wills, Inventories, Etc., Vol Three ($)
- Index of wills, Office of Secretarial assistant of State, Land of New Jersey, 1804-1830 ($)
1656 - 1999 New Jersey Wills and Probate Records 1656-1999 at Ancestry.com — index and images $
- 1670 – 1760 Calendar of New Jersey Wills 1670-1760 at Ancestry.com — index and images $
- 1670 – 1817 New Bailiwick of jersey Abstract of Wills 1670-1817 at Ancestry.com — alphabetize and images $
- 1678-1980 New Bailiwick of jersey Probate Records 1678-1980 at FamilySearch - How to Use this Drove; images
- New Bailiwick of jersey State Archives A listing of Estate (Probate) Records can exist establish under "Genealogical Holdings."
Tape Synopsis [edit | edit source]
Currently, in New Bailiwick of jersey, probate matters are handled by ii courts, namely, the Surrogate'due south Court and the Superior Court, Chancery Partitioning, Probate Part.
Most probate matters are handled by the Surrogate's Court, which is a court of express jurisdiction. They only handle uncontested matters. For all other cases, probate must be handled in the Superior Court's Probate Part. (For a more detailed explanation, run across a New Bailiwick of jersey County surrogate web page by clicking here. [accessed March vii, 2014]
Probate is the "court procedure by which a will is proved to be valid or invalid" and encompasses "all matters and proceedings pertaining to the administration of estates, guardianships, etc."[i] Genealogists oft refer to 'Probate Records' as "All records which relate to the disposition of an manor," whether the person died leaving a will (testate) or not (intestate).[two]
Diverse types of records can be found in probate files. These may include wills, guardianships, bonds, petitions, accounts, inventories, administrations, orders, depositions, decrees, and distributions. These documents are extremely valuable to genealogists and should not exist neglected. In many instances, they are the only known source of relevant data such every bit the decedent'due south date of death, names of his or her spouse, children, parents, siblings, in-laws, neighbors, associates, relatives, and their places of residence. They may also include data most adoption or guardianship of minor children and dependents.
For further information well-nigh the probate procedure, types of probate records, analyzing probate records, and to access a glossary of probate terms, see Us Probate Records.
History [edit | edit source]
Until the 1670s, wills were probated by notary publics (according to Dutch police and custom). The notaries kept these documents in their personal custody and unfortunately were not required to record them in county or country records. For the whereabouts of these records, run into New York Probate Records.
Prerogative Court, 1670 to 1784 [edit | edit source]
From 1702 to 1738 New York and New Jersey had the same governor. As a result many New Jersey probate records can be found among New York City, or Albany probate records.
The prerogative court began probating New Bailiwick of jersey wills and administrations in 1670. Authorisation to probate estates was vested in the governor, who was the approximate of the prerogative court. He functioned as the "ordinary" or "surrogate general" until 1844. Because it was impossible for governors to personally oversee all probates, they appointed deputies or "surrogates" to human activity in their behalf. Probates for East and Due west Jersey continued to be recorded in Perth Amboy and Burlington until 1784. In that year, the secretary of country became the register of the prerogative court, and all original records from and then on were sent to his office in Trenton.
In the 1790s, the probate records earlier filed with the provincial secretaries were transferred to the office of the secretary of state for preservation. Prerogative court records include wills, administrations, letters of guardianship, and records of lunacy hearings. The prerogative court only functioned in an appellate capacity from 1784 to 1947, when it was replaced past the superior courts. Probate records filed with the prerogative courtroom since 1784 generally consist of appeals made from local surrogate's and orphans' courts and records of the settling of estates where land was situated in two or more counties.
County Orphans' Courts, 1785 to 1947 [edit | edit source]
Responsibleness for all probate matters was transferred in 1784 from the land prerogative court to the newly created orphans' courts. After 1804, this responsibleness was shared with the surrogate'southward courts. Orphans' courts continued to handle guardianships, probates of estates for which there were no wills, partitions of estates, and lunacy hearings. Both the orphans' courts and the prerogative courts had jurisdiction over disputes relating to wills and appeals from the surrogates' courts. Petitions for adoption could have been filed in the orphans' court or the circuit court. Orphans' courts were abolished in 1947, and their functions were assumed past the superior courts.
Secretary of State and Canton Surrogates; Courts, 1804 to Nowadays [edit | edit source]
The Secretary of Land has the original wills and probate records. (Land Athenaeum, 225 West Country Street, PO Box 307, Trenton, New Bailiwick of jersey 08625-0307.
Until 1804, all wills were sent to the registrar of the prerogative courtroom to be recorded. Since 1804, copies of all probates have been recorded at the office of the canton surrogate. The original wills, administrations, accounts, and inventories have been sent to the secretary of country (more recently, the superior courtroom) in Trenton.
The Family History Library has microfilm copies of most land probate records from 1665 through 1900 and most county probate records through the early on 1900s. The state archives has microfilm copies and the originals of all records formerly held by the secretary of state, 1670 to 1901, equally well as microfilms of many pre-1901 county probate records. The county surrogate's court offices generally have orphans' court records from 1785 to the present, surrogates' court records from 1804 to the present, and some earlier records.
State Statutes [edit | edit source]
Understanding the New Jersey probate laws and how they changed over time can assistance us learn how the estate was administered, taxed, and distributed and might aid to solve difficult genealogical bug. New Jersey statutes are available on the New Jersey Legislature web site.
The post-obit are examples of gratuitous, digital books related to New Jersey probate laws:
- Kocher, Charles Frederic. New Jersey Probate Police force and Do : With a Complete Set of Forms Under the Recent Orphans' Courtroom and Prerogative Court Rules. Available at Net Annal.
- Randolph, Joseph Fitz. A Review and Alphabetize of Succession Police force in the State of New Jersy, Including Statutes and Decisions from 1776 to 1905, Relating to ... Probate.... Newark, N.J. : Soney, 1906. Available at Cyberspace Archive.
- Dickinson, S. Meredith. The Exercise of the Probate Courts of New Jersey, Together with Forms of Proceedings Therein, besides Rules of the Prerogative Court and of the Orphans' Courts. Jersey City, Due north.J.: Frederick D. Linn & Co., 1884. Available at Google Books.
Additional information nigh New Jersey land statutes relating to probate matters tin exist plant at law libraries.
Statewide Tape Collections [edit | edit source]
Indexes [edit | edit source]
Indexes to Country Probate Records, 1673 to 1901 [edit | edit source]
Most estates probated earlier 1901 are indexed in:
- Alphabetize of Wills, Inventories, Etc. in the Office of the Secretary of State Prior to 1901, 3 vols., 1912. Reprinted as New Jersey Alphabetize of Wills. Baltimore, Maryland: Genealogical Publishing Company, 1969. (Family History Library volume 974.9 P22s 1969; flick 545437; fiche 6051315.) The alphabetize is arranged canton-by-county and begins in 1705 (except Salem County which is indexed from 1679). Most entries give probate file numbers referring to county probate records. These files are now at the country athenaeum and are on microfilm at the Family unit History Library nether NEW JERSEY, [COUNTY] - PROBATE RECORDS.
Some of the other references in this index are to:
- E Jersey wills, administrations, and guardianships, 1715 to 1785 (Family History Library films 522735-40)
- W Jersey wills, administrations, and guardianships, 1705 to 1804 (Family History Library films 522714-34)
- Unrecorded wills and inventories, 1673 to 1747 (Family History Library films 545494-96, 2293540 and 522712-xiii)
- Prerogative court wills, 1786 to 1905. These books are at the state archives and contain recorded copies of probates. (Family unit History Library films beginning with 522741.)
- Prerogative court unrecorded wills, 1823 to 1900. These are at the country archives and some are on Family unit History Library films 1022898-901 and 1032122 item 2. There are a few wills 1901-1906 and one for Peter Lorillard, 1924-1925, on motion picture 1022901.
Index of Wills [edit | edit source]
Prior to 1901 has been consolidated into one alphabetical list for the state by Lee Smeal and Ronald Vern Jackson and published every bit:
- Index to New Bailiwick of jersey Wills, 1689-1890, The Testators. Salt Lake City, Utah: Accelerated Indexing Systems, 1979. (Family History Library volume 974.9 P22a.) Its single alphabetical sequence, listing records from 1689 to 1901, makes it piece of cake to apply, but it often but gives partial source citations. It also omits all references to the prerogative court probates of West Jersey, 1705 to 1804, and East Jersey, 1715 to 1785.
State Probate Abstracts, 1670 to 1817 [edit | edit source]
Most wills and messages of administration from 1670 to 1817 have been accurately abstracted and indexed in volumes 23, 30, and 32 through 42 of the Archives of the State of New Jersey. Each volume has abstracts for several years arranged alphabetically past the names of decedents. Volume and page or file references are given so that you lot can detect the original documents. Each book has an every-name alphabetize.
Digital versions:
- Volume 23 (will abstracts begin in Department seven), available online, courtesy: Google Books.
Canton Probates [edit | edit source]
Copies of probates from 1804 to the present are at the offices of the county surrogate where the testators resided. Search the records of all surrogate'due south courts in all counties where an antecedent owned belongings.
Some wills, administrations, and guardianship records for the period from 1804 to 1830 were transferred from the county offices to the function of the secretarial assistant of state before being recorded. These are found in the records of the secretary of state and are indexed in:
Index of Wills [edit | edit source]
Index of Wills, Office of Secretarial assistant of Country, Land of New Jersey, 1705 to 1804 and Index of Wills, Office of Secretarial assistant of State, State of New Jersey, 1804 to 1830. Trenton, New Jersey: John Fifty. Spud Publishing, 1901. (Family History Library volume 974.9 S2ns, Volumes ane-2; pic 1425613, items 1-2; fiche 6045832-33.) No apportionment of these microfiche to Family unit History Centers.
The Family unit History Library has microfilm copies of recorded wills and indexes for all counties from 1804 to the early 1900s.
The records for about counties at the Family History Library as well include applications for probate, partition and divisions of land, applications for administration, administration bonds, inventories, letters of administration, receipts, letters of guardianship, guardianship bonds, orphan court minutes, dockets, accounts, and other recorded probate documents.
County Estate Files [edit | edit source]
All surrogate'southward offices have unrecorded estate files (the original loose papers). They are valuable considering they contain petitions and "partitions and divisions of estates" which list the names of heirs, their residences, and their relationships to the deceased. All known heirs are listed — even if the person died intestate. Estates filed since 1946 usually have a re-create of the decease certificate as well.
Many more than New Jersey residents are listed in the estate files than are named in the volition books. These estate files are at the offices of the county surrogates and were not transferred to the secretary of state. They are on microfilm at the Family unit History Library for Bergen, Camden, Essex, Hudson, Middlesex, Somerset, and Wedlock counties from as early as 1784 to the early 1900s. The state athenaeum has microfilm copies of estate files for several counties, including Middlesex and Somerset.
County Surrogate's Court Indexes [edit | edit source]
Most county probate records, both recorded and unrecorded, are indexed by general manor or surrogate'due south indexes. These are on microfilm at the Family History Library for the period from 1804 to about 1970.
Obtaining Copies of Canton Probate Records [edit | edit source]
Copies of recorded probate records and the estate files tin can be obtained from the surrogate's offices for a fee. Addresses of surrogate's offices are found in:
- Eichholz, Alice, Editor. Red Volume: American State, County, and Town Sources. Revised Edition. Table salt Lake City, Utah: Ancestry, 2004. (FHL book 973 D27rb 2004) Explains land-by-state history, vital records, census, background sources, periodicals, archives, libraries, societies, maps, land, probate, court, tax, cemetery, church, and military records. Includes county boundary map and table which shows when each canton was created and the parent counties.
In addition, copies of the original wills, administrations, inventories, and guardianships sent to Trenton since 1901 tin can exist ordered from:
- Clerk of the Superior Court
- Records Information Heart
- P.O. Box 967
- Trenton, New Bailiwick of jersey 08625-0967
- Phone: 609-292-4978
- Fax: 609-777-0094
- Net: http://www.answers.com/topic/new-jersey-superior-court
Websites [edit | edit source]
New Jersey Land Archives A listing of Estate (Probate) Records tin can be establish under "Genealogical Holdings."
A wiki commodity describing an online collection is institute at:
New Bailiwick of jersey, Middlesex County Probate Records - FamilySearch Historical Records
References [edit | edit source]
- ↑ Henry Campbell Black, Black's Law Lexicon, fifth ed. (St. Paul, Minnesota: Due west Publishing Co., 1979), 1081, "probate."
- ↑ Val. D. Greenwood, The Researcher'south Guide to American Genealogy, 3rd ed. (Baltimore, Maryland: Genealogical Publishing Co., Inc., 2000), 309.
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How to Read Calendar of Wills Records From New Jersey
Source: https://www.familysearch.org/en/wiki/New_Jersey_Probate_Records
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