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Guide to the California. Probate Court (Sacramento County) records
CNTY0006  
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Collection Details
 
Table of contents What's This?
  • Descriptive Summary
  • Access
  • Publication Rights
  • Preferred Citation
  • Acquisition Information
  • Alternative Forms of Material Available
  • Processing Information
  • Biography / Administrative History
  • Scope and Content of Collection
  • Arrangement
  • Indexing Terms

  • Descriptive Summary

    Title: California. Probate Court (Sacramento County) records
    Dates: 1849-1976
    Collection number: CNTY0006
    Creator: California. Probate Court (Sacramento County)
    Collection Size: 781 boxes + 162 volumes (645 linear feet)
    Repository: Center for Sacramento History
    Sacramento, California 95811-0229
    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.
    Languages: Languages represented in the collection: English

    Access

    Collection is open for research use.

    Publication Rights

    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.

    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).

    Alternative Forms of Material Available

    Probate case file, registers and indexes (Sacramento County, California) are also available on microfilm (239 microfilm reels).

    Processing Information

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

    Biography / Administrative History

    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.

    Scope and Content of Collection

    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.

    Arrangement

    • Series 1. Case files
    • Series 2. Register of estates / Register of actions
    • Series 3. Wills record / Record of wills
    • Series 4. Register of claims allowed / Estate of deceased persons
    • Series 5. Calendars
    • Series 6. Fee books
    • Series 7. Bonds
    • Series 8. Index to probate records
    • Series 9. Public administrator estate cases

    Indexing Terms

    The following terms have been used to index the description of this collection in the library's online public access catalog.
    Court records--California--Sacramento County
    Probate records--California--Sacramento County
    Sacramento County (Calif.)--History
    Court records
    Probate records