Spotting Relatives When There's No Will: A Genealogy Research Case Study

Wills are invaluable for genealogy research, but what if your ancestor didn't leave one?

Fear not! Estate papers—especially those related to an intestate estate (where no will was left)—can often provide even more clues than a will would. Let's explore how you can identify the children and other heirs in these situations, using an example of Mrs. Jerusha Abbot's estate.

Inventories from Mrs. Jerusha Abbot who without leaving a will

Intestate Estates and Why They Matter

When a person dies testate (with a will), they can leave their estate to whomever they choose (Lawyers.com, 2022). They aren't required to include all—or even any—of their children in their will. However, when someone dies intestate (without a will), the estate is divided according to the laws of descent in their state and at that specific time period  (American Bar Association, n.d.).

These laws are key to understanding how your ancestors' property was divided. For example, imagine a married daughter who died before her father who didn't leave a will. The law in one state may require that her children split what would have been her share from her father's estate after his death. Another state may require that her children receive nothing! Knowing these legal details helps you piece together the identity of heirs and their relationship to the deceased.

How to Find State-Specific Laws

To accurately interpret estates and the statutes governing inheritance for your ancestor's estate, you must research the laws for each state where your ancestor lived and owned property and the years those statutes applied.

To research state-specific inheritance law, check out the following resources.

1. Internet Archive, HathiTrust, or GoogleBooks: These free online archives are great, but finding the statutes is challenging. Use Google, Bing, etc, to search for the state of interest and the term "Statutes." For example, "Pennsylvania state statutes for 1870s" or "Ohio state statutes for 1860s." Then, look for search results in these online archives.

2. State Archives: Many state archives offer legal digests or probate guides, online or at local archives, to help you access probate records in their collections. For instance, check out the Maryland State Archive, "Probate - Guide to Government Records."

3. University Law Libraries: My Daddy was weird. But if you live near a university with a law library, you might discover why Dad was right to research the statutes in that facility.

Finding Clues in Probate Packets

When your ancestor didn't leave a will, the probate packet—sometimes referred to as a probate case or loose papers—is your treasure trove. Within this packet, pay close attention to the final distribution documents. Final distributions disclose who received shares of the estate, thereby offering clues as to the structure of your ancestor's family.

Bonus Tip: Not every probate file has a final distribution document. In that case, review receipts for the phrase "distributive shares" or something similar. The phrase suggests payments to heirs rather than creditors.

A Real-Life Example: Mrs. Jerusha Abbot's Estate

To see how this works, let's look at a probate packet from Andover District, Connecticut, where Mrs. Jerusha Abbot died without a will. Samuel Little was named the administrator of her estate, meaning she died intestate.

Within the probate packet, several distribution documents identify her heirs and their relationship to her. According to the laws of descent in Connecticut at the time, Mrs. Abbot's estate was divided among her sisters (since she had no surviving spouse, children, or parents). Here are the heirs:

• Mrs. Mary P Loomis, Jerusha's sister

• Emily J Little, the only child of Mrs. Amy Little, deceased, Jerusha's sister

• James P Little, the only child of Mrs. Clarissa Little, deceased, Jerusha's sister

• Children of Mrs. Louisa Wright, deceased, Jerusha’s sister:

  • Asahel O Wright

  • Cordelia P Davenport, wife of John Davenport

  • Albert G Wright, deceased

  • Burdett Wright

From these records, we can deduce several key points:

• Mrs. Jerusha Abbot was married, but her husband had already passed away.

• She had four sisters: Mary P Loomis, Amy Little, Clarissa Little, and Louisa Wright.

• By the time the probate occurred in 1864, only Mary P Loomis was still alive. The nieces and nephews of the deceased sisters inherited their mothers' shares, as was dictated by Connecticut's inheritance laws at the time.

Notice how this example demonstrates how the distribution record reveals family relationships and suggests death dates. Recognize that sometimes an administrator, rather than an executor, suggests a lengthy paper trail pointing toward family relationships you never knew existed.

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How to Use This Information in Your Own Research

As stated earlier, every state has its own probate laws, but the method for finding heirs in such records is fairly similar. Leverage these actionable steps in your own research:

1. Understand State-Specific Laws: As mentioned, know the inheritance laws that apply to when your ancestor lived in the specific state in which they owned property.  

2. Focus on Final Distribution Documents: Review the documents to discover who received what shares of the estate (and consider why if there is a perceived unequal balance of the distributions). If a probate packet lacks final distribution statements, review the receipts for clues to heirs.

3. Look for Clues Beyond Names of Heirs: Probate records may contain a wealth of information beyond identifying heirs. While you may find dates of death, clues about where people lived, or even information about previous marriages, you can also discover socio-economic status and relationship connection clues. If one sibling was responsible for a mother and the other received a prized horse, what does that tell you about the family ties?  

Additional Reading: If you'd like to continue learning about using probate records in genealogical research, I recommend the following articles:

• Probate Record Basics to Know Before Doing Genealogy Research

• Using Probate Records For Clues to Bust Genealogy Research Brick Walls 

• How to Find Your Ancestor's Wills and Probate Files Online (Video)

What Genealogy Research Discoveries Have You Made Without a Will?

Don't be discouraged when an ancestor doesn't leave a will and owned property! Intestate estate records can be a treasure trove for genealogists.  

By following these tips, you will make the most of available resources to unlock your ancestors' stories and build your family tree. Keep digging through those probate records because you never know what family secrets you'll reveal!