Please note: I do not show a street address on all of these libraries, as
I only have a Post Office Box address on them. I feel certain that you
can get an actual street address from the Internet, if you need it.
If you are aware of other libraries than these, which are known to have
collections of books and other resources pertaining to Houston County,
Georgia, please share this info with the members of this Houston-L list.
My listing is far from complete. Take care & happy hunting!
Probate Records: Overview
Will Book A Index of Surnames
Will Book B Index of Surnames
1. WILLS & LETTERS TESTAMENTARY:
There is an index at the front of the Will Books and the Letters
Testamentary Registers.
A Will is a written and legal expression of the individual's
wishes for himself and his property at the time of his death.
The Will usually describes the estate and gives the names and
relationships of heirs or beneficiaries. The Probate process is as
follows:
- 1. WILL IS WRITTEN: Any person of legal age, sound mind, and freedom from
restraint had the right to leave a Last Will and Testament.
- 2. TESTATOR DIES: An individual who left a Will, is said to have died
"testate". Someone who did not leave a Will, died
"intestate".
- 3. WILL IS PRESENTED FOR PROBATE: The Will is presented to the Probate
Court with the testimony of witnesses as to its authenticity. The
affidavit of the witnesses includes the date or proof of death. If
accepted by the court, a copy of the Will was recorded in the Will Book
kept by the clerk of the court. The clerk may have made errors when he
transcribed the Will, but the original Will is often kept in the probate
packet.
- 4. EXECUTOR IS CONFIRMED: The court appointed an individual to settle the
estate. The Will usually named an individual whom the deceased wanted to
serve as "executor" of his estate. The court authorized the executor to
proceed by issuing LETTERS TESTAMENTARY. These letters may
include the death date. The executor was usually an heir or a close
friend of the deceased.
- 5. INVENTORY & APPRAISEMENT OF ESTATE: The executor prepared an inventory
that listed the property in the estate and obtained an appraisal of its
value. These records are recorded in the APPRAISEMENTS & SALES BOOKS.
- 6. ANNUAL ACCOUNTINGS: The executor may have had to first sell some of
the property to clear any outstanding debts. He submitted accounts to
the court of all transactions pertaining to the administration of the
estate. These records are recorded in the ANNUAL RETURNS BOOKS. They
can identify persons known by the deceased during his lifetime, including
family members, friends, and creditors.
- 7. DISTRIBUTION OF THE ESTATE: After receiving the inventory and
appraisal, the court ruled on how the estate was to be distributed. The
court then authorized the executor to distribute the estate. When the
distribution was completed and payments to the creditors and heirs had
been made, the executor presented to the court, a record or decree of
distribution and settlement.
- 8. PROBLEMS AND VARIATIONS: Since it is almost impossible to please
everyone when an estate is settled, problems could arise. Contested
Wills and Appeals may have been filed.
2. APPRAISEMENTS & SALES:
There is an index at the front of the Appraisements & Sales Books.
Once the Will was proven and recorded, and the executor
appointed, the court appointed a group of men to appraise the property of
the deceased. The appraisement listed everything the deceased owned, and
the value of it. Here is where you will find the true circumstances of
the family.
Some Wills specified that certain property of the deceased was to be
sold. Others specified that the residue of the estate, after all the
legacies had been distributed, was to be sold. This record listed every
item sold, the buyer's name, and the price it was sold for.
3. ANNUAL RETURNS & VOUCHERS:
There is an index at the front of the ANNUAL RETURNS & VOUCHERS books.
Annual Returns were the reports made annually by the executor or
administrator to the Probate Court concerning income and expenses of an
estate. The executor may have had to first sell some of the property to
clear any outstanding debts. He submitted accounts to the court of all
transactions pertaining to the administration of the estate. These
records are recorded in the ANNUAL RETURNS & VOUCHERS BOOKS. They can
identify persons known by the deceased during his lifetime, including
family members, friends, and creditors.
4. ADMINISTRATORS BONDS, TEMPORARY ADMINISTRATORS BONDS, LETTERS OF
ADMINISTRATION, & TEMPORARY LETTERS OF ADMINISTRATION:
There is an index at the front of these Record Books regarding the
administration of intestate estates.
The Probate process is as follows:
- 1. DEATH OCCURS: An individual who did not leave a Will (or a valid Will)
died "intestate". The probate process is similar to that of a "testate"
estate, where there was a valid Will.
- 2. APPLICATION FOR LETTERS OF ADMINISTRATION: If there was no Will, the
court appointed an "administrator". This person served essentially the
same purpose as an "executor" of a testate estate, where there was a
valid Will. An heir, creditor, or other interested person could apply to
be the administrator of an intestate estate.
This applicant was making an application to the court, and requesting the
right to settle an estate. This application may name the heirs of the
deceased, their relationship, and sometimes their residence.
- 3. ADMINISTRATORS BOND: In most cases, the court required the
administrator to post a bond to ensure that he would properly complete
his duties. The bond required the
administrator to pay a fee to the court if he failed to adequately
administer the estate. One or more persons were
required to co-sign the bond as sureties or securities. These
individuals were often members of the family or closely associated with
the family.
The Administrators Bond will list the date of the bond, name of the
administrator, names of securities, amount of bond, and the name and
residence of the deceased.
- 4. LETTERS OF ADMINISTRATION GRANTED: When the court appointed an
individual to settle an intestate estate, that "administrator" was issued
Letters of Administration. These Letters may include the death date.
The date of the Letters is sometimes used in place of an actual death
date. The administrator was usually an heir or a close friend of the
deceased. He may have been a creditor.
- 5. INVENTORY & APPRAISEMENT OF ESTATE: The administrator prepared an
inventory that listed the property in the estate and obtained an
appraisal of its value. These records are recorded in the APPRAISEMENTS
& SALES BOOKS.
- 6. ANNUAL ACCOUNTINGS: The administrator may have had to first sell some
of the property to clear any outstanding debts. He submitted accounts to
the court of all transactions pertaining to the administration of the
estate. These records are recorded in the ANNUAL RETURNS BOOKS. They
can identify persons known by the deceased during his lifetime, including
family members, friends, and creditors.
- 7. DISTRIBUTION OF THE ESTATE: After receiving the inventory and
appraisal, the court ruled on how the estate was to be distributed.
Since there was no valid Will, the estate was divided according to the
Laws of the State. The court then authorized the administrator to
distribute the estate. When the distribution was completed and payments
to the creditors and heirs had been made, the administrator
presented to the court, a record or decree of distribution and
settlement.
- 8. PROBLEMS AND VARIATIONS: Since it is almost impossible to please
everyone when an estate is settled, problems could arise. Appeals may
have been filed.
5. GUARDIANS BONDS & LETTERS OF GUARDIANSHIP:
Administrator and Guardian Bonds 1865-1870
There is an index at the front of the above named Record Books regarding
Guardians.
The Court of Ordinary (Probate) would appoint guardians to
care for minor children or incompetent adults. In some
cases, a parent was appointed as the guardian for his *own*
child. In most cases, the court required the guardian to
post a bond to ensure that he would properly complete his
duties, and provide for the minor's needs. The bond required the
guardian to pay a fee to the court if he failed to adequately care and
provide for the minor. One or more persons were required to co-sign the
bond as sureties or securities. These individuals were often members of
the family or closely associated with the family.
The Guardian Record Books may include:
1. Letters of Guardianship, showing the appointment of a
Guardian.
2. Guardians Bonds.
3. Sale of property to provide for a minor's needs.
4. Accounts of the Guardian's services and support in behalf
of the minor.
5. A final account when the child comes of age and a
Guardian is no longer needed.
PLEASE NOTE
Part 4 of this series, deals with the administration of intestate
estates. Part 5 deals with Guardians, orphans, and deceased
parents of minors.
The first place that most genealogical researchers search for, is the
Will of their ancestors. However, many times there is no such Will.
With the exception of a Will, Administrators & Guardians Bonds contain
some of the most *valuable* genealogical information about your
ancestors. For this reason, I have spent the last 2 years abstracting
(summarizing) and compiling all of the pre-1900 Administrators &
Guardians Bonds of Houston Co., GA. I have published 2 volumes so far:
1. 1852-1870.
2. 1871-1900.
I have saved the 1821 to 1851 Administrators & Guardians Bond Abstracts
for last. This book is in very poor condition, and the Clerk of Court
had the *worse* penmanship that I have ever seen. It is almost
unreadable. And to compound matters even further, the Administrators &
Guardians Bonds are *mixed* together in the same Record Book. This is
almost
unheard of!
When a person is abstracting records, they usually follow a
regimented format for transcribing the data. When I get around to
abstracting the info from this book, it will almost surely be a very
confusing adventure. I have already obtained a grant to produce this
book, but haven't had
the ambition and patience to begin it yet. It will take about a
year to compile this info into a book.
I usually have to explain to most folks, exactly what
Administrators & Guardians Bond Abstracts are. In essence, they are the
"gold that I have panned" out of the intestate (without a Will) estate
accounts.
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Guardian Bonds
The time period between 1865 and 1870 is one of the most difficult to
trace, for those seeking the names of an orphan's parents. And since the
Civil War was just ending in 1865, and this country was going thru the
Reconstruction Period up into the 1870s, America was basically in a
transitional period.
You would be amazed at the number of widows and orphans who made an
exodus out West, usually heading to Texas and various points in between.
Therefore, I am going to post the 1865 to 1870 Guardians Bonds from Book
"A", pages 110 thru 154.
This information is part of a book entitled: HOUSTON COUNTY, GEORGIA,
ADMINISTRATORS & GUARDIANS BOND ABSTRACTS 1852-1870: By William A. Mills.
Copyright 1998.
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2000 Copyright - William A. Mills