Early probate records available at SWNGS

Probate records are predominately records concerning wills or lack thereof. The word probate comes from Latin and means “to prove” which in the case of wills means to prove to the court that the will provided is authentic and is the last testament of the person who has died. If there is a will and it is authentic, the probate is called testate. If there is no will it is intestate.

Probate courts, especially early ones, have other purposes also such as conservatorships, guardianships and well as the commitment of a mentally ill person to an institution. Additionally, should a will be contested, it is up to the probate court to determine the mental stability of the deceased when the will was signed.

As you can imagine, probate records can be fascinating. My own personal search in a Kansas courthouse revealed the records committing a relative to an institution and the assignment of guardians for his children even though his wife was alive and able to handle those affairs.

That will hold true in many of the probate records, women will be barred from handling any type of legal action and if married will rarely have a will. Early laws assigned a share to a widow, a third of the estate, and yet gave her no power over the portion she was assigned. Often, she would be at the mercy of her children, if any, brothers-in-law, sons-in-law if she had only daughters, or far flung relatives who just happen to be males. One would have hoped that they took care of the wife left behind but even today we find examples where greed takes over familial responsibility.

SWNGS has not yet had the opportunity to digitalize the Red Willow County probate records that are available to the public, but they have on their website a searchable key to the open records so that you can find the case, date, etc., prior to going to the courthouse for copies. This is easily done from your home by going on our website: www.swngs.org.

When you look on the left side of the opening page, our website records are divided by county. Select Red Willow County and when the page loads, select Probate Records. That will open a list that is alphabetically sorted. As an example, I selected the C Surnames, scrolled down and found my great-grandfather, Edward P., my grandfather, John Bernard, and my great-grandmother, Mabel. Following Mabel, her records are Case # 4212, located in Book 47, Page 1, and filed on September 26, 1960. How simple it will be to find her records if I have that information on hand going to the courthouse.

SWNGS members have compiled those lists and our website is completely open to the public for their use. This is just another example of what our genealogy society is providing to the everyone for free. On that same page in Red Willow County you will find the drop-down tab to search District Court records, the early originals of which are housed in the SWNGS library and are also digitalized for research at our library.

SWNGS library is closed during the holidays so that our members can be with their families but please visit us at 110 West C, Suite M-3 on Tuesdays and Thursdays from 1-4 PM. Check our Facebook page for announcements and information!