California. Probate Court (Sacramento County) records, 1849-1976

Summary

Creators:
California. Probate Court (Sacramento County)
Abstract:
The General Law of 1851 established the Probate Court and transferred to it the jurisdiction formerly held by the County Court in probate matters. Cases involving issues of fact could be heard in Probate Court, but at the request of either party could also be heard in the District Court. Appeals of probate cases were to the District Court. In 1864 appeals to the Supreme Court were allowed. An 1868 law provided for jury trials in Probate Court. The California State Constitution of 1879 transferred probate jurisdiction to the newly created Superior Court.
Extent:
781 boxes + 162 volumes (645 linear feet)
Language:
English and Languages represented in the collection: English
Preferred citation:

[Identifcation of item], California. Probate Court (Sacramento County) records, CNTY0006, Center for Sacramento History.

Background

Scope and content:

California Probate Court (Sacramento County) records include case files, registers of estates, wills record, register of claims, court calendars, court fee books, bonds, and indexes to the case files. The calendars document all court actions relative to individual Probate Court cases and each entry contains name of estate, actions taken, and date of each. Individual case files (#1-20010) document settlements of estates of the deceased. The contents of each case file but may include wills, inventories of property, and transcripts of judgments. Loose documents arranged numerically by case number. Indices to Probate Court records includes case number, register and page numbers, date of appointment of administrator, date of final settlement, and page number where final orders may be found. Registers of estates lists documents filed for individual estates with entries of name of estate, titles of documents filed, amount of fees, and dates. Registers of claims allowed lists documents filed for individual estates. Entries list name of estate, title of documents, date of filing, date of hearing, date granted, and to whom issued. The wills records includes a register of copies of wills filed in the county. Each entry lists name, filing date, instructions for estate distribution, and names of witnesses. Bound volume arranged chronologically by filing date. Index bound into front of volume. Registers of bonds which executors of estates were required to file with the Probate Court, attesting to their intention to faithfully administer the estate. Entries include name of estate, name of executor, statement of intent, statement of executor that bond was paid, date, and attestation of Court Clerk. Bound volume arranged chronologically by date.

Biographical / historical:

The General Law of 1851 established the Probate Court and transferred to it the jurisdiction formerly held by the County Court in probate matters. Cases involving issues of fact could be heard in Probate Court, but at the request of either party could also be heard in the District Court. Appeals of probate cases were to the District Court. In 1864 appeals to the Supreme Court were allowed. An 1868 law provided for jury trials in Probate Court. The California State Constitution of 1879 transferred probate jurisdiction to the newly created Superior Court.

Acquisition information:
Transferred from the Sacramento County Clerk's office to the Center for Sacramento History 1980-1998 (Accessions #1980/027, 1980/132, 1983/200, 1998/110).
Processing information:

Finding aid created by Sean Heyliger, 2019. Updated by Kim Hayden, 2021, 2023.

Arrangement:
  1. Series 1. Case files, 1849-1969 (bulk 1849-1945)
  2. Series 2. Registers of estates and actions, 1849-1965
  3. Series 3. Wills, 1850-1929
  4. Series 4. Registers of claims allowed / estates of deceased persons, 1858-1884
  5. Series 5. Calendars, 1850-1893
  6. Series 6. Fee books, 1849-1866, undated
  7. Series 7. Bonds, 1861-1872
  8. Series 8. Indexes to probate records, 1849-1945
  9. Series 9. Public administrator estate cases, 1974-1976
Rules or conventions:
Describing Archives: A Content Standard

Access and use

Restrictions:

Collection is open for research use.

Terms of access:

All requests to publish or quote from private collections held by the Center for Sacramento History (CSH) must be submitted in writing to csh@cityofsacramento.org. Permission for publication is given on behalf of CSH as the owner of the physical items and is not intended to include or imply permission of the copyright holder, which must also be obtained by the patron. No permission is necessary to publish or quote from public records.

Preferred citation:

[Identifcation of item], California. Probate Court (Sacramento County) records, CNTY0006, Center for Sacramento History.

Location of this collection:
551 Sequoia Pacific Blvd.
Sacramento, CA 95811, US
Contact:
(916) 808-7072
csh@cityofsacramento.org
Website