Intestate Records (no will)

Intestate Records (No Will)

The division set by common law was:

1/3 off the top to the widow if she is still living (and she is referred to as the "relict") - this is known as her dower right or "the widow's third"

the estate was then inventoried and debts paid

the remainder of the estate divide equally among the heirs - if an heir had died his or her portion went to their children.

If he had no children the entire estate goes to his widow.

If his wife has died or he never married it goes to his parents and siblings.

These laws keep changing in the late 1800s as different places adopted married property rights and western states like California and Washington instituted community property.

In most cases

there will be a court order to appoint an administrator

Administrators most commonly had kinship ties or at the very least were a long-standing friend

if it is a woman it is nearly always the widow – if she has a name you don’t recognize did the widow remarry?

If the man had no family at all the administrator might be a creditor.

There will be a court order to inventory the estate - this is a list of everything the person owned with a monetary appraisal of what it was worth. This was done by two or three men who were deemed impartial.

There may be an order for dower division specifically although it often seems to happen with the inventory. Three men were usually sent to make the inventory and the same men often lay off the division of land for the heirs.

Sales

once an estate was inventoried there was often a sale - the most common reasons were:

The father directed it in his will so that there would be no fighting about value of portions

Most estates had debts AND the remainder of movable property needed to be divided for the heirs. This took care of all of that because what was sold gave money to be managed.

It quickly liquidated assets allowing the widow monies to live on.

If there is a woman at the sale buying numerous purchases it is usually the widow. She is only entitled to 1/3 of her household items so if she wants more of her things she must buy them back.

If the sale is small you can be certain that some of the names you see as buyers are relatives so pay attention to the buyers. In a larger sale pay close attention to names of people who bought many household items.

Guardianship - it is important to know:

Infants were children under age - not necessarily young children

orphan meant the minor child of a deceased father

In early times a guardian was the guardian of an inheritance; not necessarily in charge of the children - this means poor fathers who had nothing to leave their children will not be in guardianship records until later in the 19th century. Guardians might also be referred to as a curator

Wives could be appointed guardians for their children but just as common were some sort of male relative who would give account for expenses paid out of the inheritance

Husbands could be appointed guardians of their wives if she had an inheritance coming to her when reaching a certain age

Poor children who had no sizable inheritance were often bound out - these may be found in guardianship books, orphans court records, county court minutes and sometimes even in deed books.

In many counties quarterly or yearly reports were required of guardians to account for any money spent on the children's behalf out of their inheritance