Friday, August 25, 2023

Wills, Probate and Divorce Records

With all records, it is unknown what you may find as it varies so much but is worth the effort as you may be surprised. In the pioneer era, it was not as common to have an obituary, funeral home records, or even a will. Also, what they listed for example, place of birth can change over time, Austria then Poland or district vs village.

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Wills

The Court of King’s Bench of Alberta generally has Letters of Administration and Probated Wills of persons who have died in Alberta. They are some of the oldest records often pre-dating civil registration. They often list the heirs and executors. Anyone can request copies for a fee. This research might assist you in locating the date of death for an ancestor or relative.

If the person died with a valid Will, they are “testate”. Without a Will, they are “intestate”. If the deceased is intestate, the court takes over the assets and see that they are justly distributed through a Public Trustee. The Executor is the person to manage the property until its final distribution. The Executor is usually named by the maker of the will.

There are three courts in Alberta: Court of Appeal of Alberta, Court of King’s Bench of Alberta, and the Alberta Court of Justice.


Probate Records

Provincial Archives of Alberta
“The Provincial Archives holds probate records (which includes wills) for several judicial districts from around the province (ca. 1884-ca.1975). Indices are available for many of the records. Files less than 30 years old will still be in the custody of the Court. To locate a particular file, it is extremely helpful to know where in Alberta someone was living at the time of his or her death. Court contacts and maps of the current judicial districts can be found at the Alberta Courts Court of Queens Bench website.”
https://provincialarchives.alberta.ca/how-to/search-your-genealogy

Divorce Records

Provincial Archives of Alberta
“The Provincial Archives holds divorce records for several judicial districts from around the province (ca. 1918 - ca. 1975). Indices are available for many of the records in the Reading Room. To locate a particular file, it is extremely helpful to know which judicial districts in Alberta someone was divorced. Court contacts and maps of the current judicial districts can be found at the Alberta Courts Court of Queens Bench website.”
https://provincialarchives.alberta.ca/how-to/search-your-genealogy

Court of King’s Bench of Alberta (note the change from Queen to King)
https://www.albertacourts.ca/kb/home
https://www.albertacourts.ca/kb/areas-of-law/wills-estates-trusteeships

Deceased persons’ estates - Government of Alberta
https://www.alberta.ca/deceased-persons-estates

Will and Testament - Wikipedia
https://en.wikipedia.org/wiki/Will_and_testament

The Canadian Genealogical Handbook: A Comprehensive Guide to Finding Your Ancestors in Canada, Eric Jonasson, 1978
Gives an excellent description of all the procedures involved regarding the different types of wills and their administration. (However note the year of publishing).
https://archive.org/details/canadiangenealog0000jona
https://openlibrary.org/books/OL4489696M/The_Canadian_genealogical_handbook

Researching Canadian Wills & Estates, Ronnie MacCarl, Heritage Productions, 1998
Edmonton Public Library, 929.1072 MACC

Image by Loyloy Thal from Pixabay, Copyright Free 

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