Probate Will Books

Series

Identifier: Chancery-001

Staff Only

Scope and Contents

Bound will books of both the County Court Clerk and the Chancery Court.

Dates

1796 - 2002

Biographical / Historical

Montgomery County’s Will Books are some of the earliest surviving county records. The early will books include many records in addition to wills and administrations. Included in the first will book are bills of sale, ferry bonds, bonds of county officials, sales regarding judgments, apprenticeships, emancipations, and bastardy bonds, to name only a few. These items were originally filed with the County Court Clerk until the Montgomery County Chancery Court assumed responsiblity for matters of wills and probate in 1982.

Generally speaking, probate records are those that have to do with the disposition of property after the owner’s death. “Testate” indicates that a person died leaving a will. Usually an executor or executrix was appointed in the will to settle estate. The will was admitted to probate upon proof of the witnesses, and entered in the Probate or Will Books. Many records were created as the estate was closed – various bonds, inventories and accounts of sales, and settlements.

A person who died “intestate” did not leave a will. If the deceased left real or personal property or had debts to be settled, the court appointed an administrator, usually a relative. Once again, various records were generated as the estate was closed.

Extent

67 Volumes

Language of Materials

English

Additional Description

Custodial History

As with the many records in Montgomery County, the filing and and administration of wills originally fell under the office of County Court Clerk. As more courts and administrative offices formed in the county many of those responsiblities were shifted to other offices, and eventually the County Court was disolved. The County Court continued to administer wills and probate until around 1982 when that responsiblity was shifted to the Chancery Court. At that time all of the records pertaining to probate were transferred to the Chancery Court. When reviewing will and probate records be aware of the filing date, as this will indicate what office handled the administration of those records.