Information About Wills & Probate Records
The Source: A Guidebook of American Genealogy by Call Number: Morris Library – Reference (Ref CS49 .S65 2006)
Red Book: American State, County, and Town Sources by Call Number: Morris Library – Reference (Ref CS49 .R44 2004)Wonderful guide to genealogy resources. Describes genealogical resources in the 50 states and the District of Columbia. Use to identify types of resources and libraries, state archives, and historical and genealogical societies in various locations.
The Researcher's Guide to American Genealogy by Call Number: Morris Library – Reference (Ref CS 47 .G79 2000)Guide to genealogy basics. For some types of documents, such as wills and court records, includes tables of each state's resources.
Genealogist's Companion and Sourcebook by Call Number: Morris Library – Reference (Ref CS47 .C75 2003)
Land and Property Research in the United States by Call Number: Morris Library – Reference (Ref CS 49 .H66 1997)
- Family Search Wiki: United StatesLearn about resources by place and by topic.
Finding More Sources in Library Catalogs
Search by Keyword:
- probate [name of state]
- wills [name of state]
Search by Subject Keywords (prefix su:)
- probate records [name of state]
- wills [name of state] [name of county]
- [name of county] [name of state] genealogy
- [name of city] [name of state] history
Subject keyword retrieves only records that have those words in the subject description.
Use the prefix or go to the Advanced Search screen.
Delaware Sources
In Delaware, wills are available in each county at the appropriate office, usually called register of wills.
Probate records are kept at the county office and then sent to the Delaware Public Archives.
Copies of records may also be available at FamilySearch and the Family History Library (LDS).
- Ancestry Library Edition (and Ancestry.com)See: Delaware, Wills and Administrations, 1683-1947 and Calendar of Delaware Wills, New Castle County, 1682-1800
- Online Guide to the Collections (Delaware Public Archives)Useful search terms:
wills
deeds
probate - Collection Gateway (Delaware Public Archives)This site has scanned copies of indexes and finding aids for 19 popular collections. The database has the information needed to request the actual records from the Archives. Collections include:
death registers
Orphan's Court
Probates - Probates (in the Collection Gateway)Abstracts of the New Castle, Kent and Sussex County Register of Wills probate records in the Delaware Public Archives. Covers probates completed circa 1680 to circa 1925. This collection is searchable by the name of person whose property was in probate, year, and race; searches can be limited by country. Note: also available in the Ancestry Library Edition database.
Compilations of Laws
- The Earliest Printed Laws of Delaware, 1704-1741 by
A compilation of laws for the William Penn administration of the Counties of New-Castle, Kent, and Sussex upon Delaware. - "Colony laws of North America series"The Colony laws of North America series" has the earliest printed laws of the colonies. Search the catalog for this title.
- Law and Legislation (research guide)Offers resources on colonial laws and laws regarding slaves.
About Wills and Probates
Wills and the court records associated with the legal process of proving them (probate) and with settling estates are important resources for genealogy and other history researchers. They can provide details about a family's standard of living, property, household members, friends, and the legal position of women and minors in the household. Depending on the testator (will writer) and the time period, there may be information about slaves, religious affiliation, and level of formal education.
Wills and the process of carrying them out are function of state government; there is much variation by state and by time period.
Search Hints
Probate is a better search term than wills
In books, Wills and Probates are often grouped under "court records"
Related guides:
Wills Can Suggest Family Relationships
Will, Delia M. Wilson, Georgetown, Sussex County, 1919; part of Delaware Public Archives exhibit: 100 stories.
...One Cent, and no more...
If a person is not mentioned in a will, it may mean that they are estranged from the deceased or that the person has already received the inheritance.
There are many instances of the bequest of a paltry sum. This expression of hostility had a practical purpose; the fact that an individual was listed reduces the chance that a will may be contested on grounds of omission.
Starting Point
- Ancestry Library Edition This link opens in a new windowAncestry Library Edition is the version of Ancestry (ancestry.com) that is available for subscription by libraries. It is a smaller version of the Ancestry.com web subscription database. Typically, there are two ways to find records for a state: select the word "Search" on the top menu, then select the state in the "Explore by Location" box. Select the county you need in the box "Narrow by county." Also, if you know the name of the database, select the option "Card catalog" in the Quick Links box on the Ancestry opening page, then type keywords from the title. If a large number of databases are found, use the "Filter by Collection" option. Ancestry has a collection titled: Tax, Criminal, Land & Wills. Note: will information is not available for many states.
Starting Point: Delaware
- Ancestry Library Edition This link opens in a new windowAncestry Library Edition is the version of Ancestry (ancestry.com) that is available for subscription by libraries. It is a smaller version of the Ancestry.com web subscription database.
Typically, there are two ways to find records for a state: select the word "Search" on the top menu, then select the state in the "Explore by Location" box. Select the county you need in the box "Narrow by county." Also, if you know the name of the database, select the option "Card catalog" in the Quick Links box on the Ancestry opening page, then type keywords from the title. If a large number of databases are found, use the "Filter by Collection" option. Ancestry has a collection titled: Tax, Criminal, Land & Wills.
Examples of useful databases for Delaware research in Ancestry Library Edition:
- Delaware Public ArchivesAncestry.com and Ancestry Library Edition include several databases that are indexes or lists of records. Contact Delaware Public Archives to obtain the original records.
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New Castle County, Delaware Wills, 1682-1800List of wills filed in New Castle County. Searchable by name.
Related information is available in the Ancestry Library Edition database: Calendar of Delaware Wills, New Castle County, 1682-1800. -
Kent County, Delaware Probate Records, 1680-1800Index to probates. Searchable by name. Contains more than 17,000 records.
Data from: Calendar of Kent County, Delaware, Probate Records, 1680-1800. -
Sussex County, Delaware Probate Records, 1680-1800Index to probates. Searchable by name. Contains more than 2,000 records
Data from: Calendar of Sussex County, Delaware Probate Records, 1680-1800. -
Calendar of Delaware Wills, New Castle County, 1682-1800Scanned copies of wills and probates.Searchable by name.
Data from book: Calendar of Delaware Wills, New Castle County, 1682-1800.
Related information is available in the Ancestry Library Edition database: New Castle County, Delaware Wills, 1682-1800. -
Delaware, Wills and Administrations, 1683-1947Scanned copies of wills and related details, such as appointments of administrators and details on the dispersion of an estate. Typically an abstract of the will and sometimes the will itself is included in the probate documents. There is no index to this database: browseable only. The arrangement is by county and then chronological, bound into several volumes.
Original data: Register of Wills, for the counties. Delaware Public Archives, Dover, Delaware.
Delaware: Indexes, Abstracts, and Calendars
- Calendar of Delaware Wills, New Castle County, 1682-1800 byChronological arrangement of abstracts of wills and probates. Has a name index, which includes every person named in the will. Provides: place person lived, sometimes occupation, date will was made, date will was probated, names of beneficiaries/survivors, names of executors. Abstracts have a letters / number designation which refers to the Will Record book and page. Also available in the Ancestry Library Edition database.
- New Castle County, Delaware, Wills and Estates, 1682-1800: An Index byA Name index to a Calendar of Delaware Wills... This index includes only the name of the person who made the will, unlike the index in the Calendar of Delaware Wills, which has a name index of every person mentioned.
- Random Sample of Kent County, Delaware, Estate Inventories, 1727-1775 by" ... 214 inventories selected at random from the probate files in the Hall of Records ..."
- Calendar of Kent County, Delaware, Probate Records, 1680-1800 byChronological arrangement of probate records. Also available in the Ancestry Library Edition database, under the name Kent County, Delaware Probate Records, 1680-1800.
- Some Records of Sussex County, Delaware byIncludes civil, court, church, and Bible records, such as land grants, civil suits, wills, administrations, and marriage records. Also included are vestry records of St. Peter's church for the early 1800's. Some Kent County records are included. Dates of coverage vary; most cover 1600s to 1775. The Index is available online. Available online through Hathi Trust.
- Calendar of Sussex County, Delaware Probate Records, 1680-1800 byPublication Date: 1964Chronological arrangement of probate records and abstracts of wills. Also available in the Ancestry Library Edition database, under the name Sussex County, Delaware Probate Records, 1680-1800.
Copies of Wills and Probates at the UD Library
Copies of wills and probates can be obtained from the Delaware Public Archives, the county Register of Wills Office, or a Family History Center (Find a FamilySearch Center).
- New Castle County Probate Records, 1670-1860 (microfilm)Call Number: Microfilm no. 3087The wills and inventories are filmed alphabetically by the name of the person whose estate is being probated. This microfilm is a copy of the originals at the Delaware Public Archives. 122 microfilm reels (negative).
- Will Book A (New Castle County Wills, 1682-1854) (microfilm) byCall Number: Microfilm S 3647 reels. Reel 7 includes Index of wills, v. 2, 1682-1799 and Index of wills and administrations, 1683-1885.
Genealogy Resources at the University of Delaware Library
Although not aimed at genealogy and family history, the collections of the University of Delaware Library (Morris Library) include materials useful to genealogists and family historians.
This Genealogy Research Guide is provided as a service for genealogists. It presents topics and resources to assist researchers.
The UD Library does not specialize in genealogy and does not have staff responsible for genealogy. Library staff cannot conduct research.
For questions about library resources and holdings, use the Ask the Library service.
For questions about getting research assistance, see the suggestions on the home page of this guide or on the topic/resources pages.