The easy-to-use search engine for the database provides genealogists and
historians with a number of options. For instance, you can search by name—first,
last, or both. There is a soundex option when you are unsure of how to spell a
name. A general search for all individuals named “Brown” provides the expected
results plus spelling variations such as “Browne.” If you know the case number
but not the name of the person it belongs to, you can search by the number
alone. You can narrow your choices by selecting the year of the probate record
or search for all cases in a particular time frame be it one year or a span of
dates.
My favorite search feature is by type of case. It is important to remember
that a probate document can contain more than just a will. There are
administrations, affidavits, apprentices, inventories, etc. There are a total
of fifty-two options, from absentees to wills. For example, if you are searching
for an ancestor that might have been adopted you can search for such case types
as adoption, dependent child, and guardianships. According to law, cases that
involved children were administered by the probate courts in Rhode Island.
You may also search for dependent children cared for by the Rhode Island
Society for the Prevention of Cruelty to Children and the State Board of Control
by performing a search by organization. The results include the name of the
child, the year their case entered the public record, and the relevant case
number. Searching the records of Rhode Island Society for the Prevention of
Cruelty to Children can help you reconstruct family groups. Since the Society
removed children from unfortunate family situations, the date of the probate
record for dependent children can be a first step in finding verification of
family relationships and additional record sources.
So, how do you use the information in the index to find the documents? Well,
it is a three-step process. First, find the document number in the index. In the
case of Mary Rhodes, who died in 1728, the probate index provides a date for the
administration of her estate and a case number—A 320. Next, consult the docket
index or record index to see if it is just an administration or also contains a
will available. These are found at the Providence City Hall Archives (City Hall,
Providence, Rhode Island, 02903, [401] 421-7740), on microfilm at the Rhode Island Historical Society (121
Hope St, Providence, Rhode Island, 02906, [401] 331-8575), and at the NEHGS
Research Library.
Arranged by case number, the microfilm identifies the
volume and page of the case type including administrations, wills, and
inventories. Sometimes the database indicates what type of record will be found.
Abijah Potter died at sea on November 6, 1795, and his will appears in the index
as being filed in 1796. Until 1818, the city of Providence ordered an inventory
of belongings for each probate, regardless of the size of the estate. Since both
Mary Rhodes and Abijah Potter died before 1818 there should be an inventory of
property for each of them. After 1818, inventories were prepared only for
individuals who died intestate. The final step in the process is looking at the
actual documents. The microfilm covering the years 1646–1870 can be viewed at
the Rhode Island Historical Society or at the NEHGS Research Library. Materials
dated after 1870 are found at the Providence City Hall, including Providence
probate records from 1900 to the present. Out-of-state researchers unable to
visit Rhode Island must request copies from city or town clerks, the Rhode
Island Historical Society, or from the NEHGS Research Services department.
As you utilize the database and the probate records you will need to become
familiar with some terminology.
Intestate: A person dies without a will and settlements are according
to law.
Guardianship: A guardian appointed by the court to manage the estate
of children when their father dies or because someone is unable to care for
himself or herself. The remaining parent can be named a legal guardian.
Administration: The actions of an individual responsible for managing
the settlement of the estate.
Understanding the historical context in which probate records were created is
an important step. This can be done by researching the estate laws in existence
at the time of death or creation of the document. In Rhode Island, the Rhode
Island State Law Library (Frank Licht Judicial Complex, 250 Benefit Street,
Providence, Rhode Island, 02903, [401] 222-3275) is a good place to start. If
you live outside of the area, you can find copies of state laws, as at law
libraries throughout the county. Most are open to the public.
As you will discover, probate records are the gateway to other types of
material. These dockets can also include child custody decisions, manumissions,
and name changes. In Arlene Eakle’s chapter on “Research in Court Records” in
The Source (Ancestry, 1997), there is a checklist of the types of other
documents handled by probate courts. They can verify a death date, establish
family relationships, identify professions, and lead to other records. When used
in conjunction with colonial records, Providence city directories (starting in
1824), federal and state census records, and tax records, you can reconstruct
the daily lives of your ancestors. While it is generally assumed that the
majority of people left no probate documents, the law prior to 1818 ensured that
those individuals unlikely to leave wills would have an inventory. One woman
owned only a few pots and the clothes she wore, but an inventory existed because
she died before 1818.
Researchers looking for probate documents in other communities within Rhode
Island should visit the town halls or consult town records on microfilm at the
Rhode Island Historical Society and the NEHGS Library. The dates of probate
documents on microfilm for the other cities and towns vary, so it is best to
consult the NEHGS online catalog for holdings, or the town clerk for the city or
town of interest. You can also find out if such records exist by checking volume
16 of Nellie C. Beaman’s Rhode Island Genealogical Register (Princeton,
MA: Rhode Island Families Association, 1992), also known as the “will index” for
probate records outside Providence, from 1636 through 1840.
The “Index to Providence, Rhode Island Probate, 1646–1899” database is a
great tool for anyone looking for individuals who died in Providence during that
time period. Follow the steps to reconnect to the original documents and you may
uncover fascinating and revealing material about your ancestors that cannot be
found elsewhere.