OLMSTED COUNTY: PROBATE COURT:

The microfilm reproduces volumes containing probate court final decrees of distribution of estates for Olmsted County for the years 1855-1964. The records consist of two subseries: final decrees, 1883-1964 (40 volumes); and miscellaneous orders and proceedings, 1855-1941 (8 volumes). The final decrees subseries is divided into two units: 1883-1964 (36 volumes) and 1899-1941 (4 volumes). The volumes in unit 2 include handwritten and typed final decrees that appear to be too lengthy and/or complicated for the one- and two-page forms in the unit 1 volumes for the same years. The records in each unit in the final decrees subseries and in the miscellaneous orders and proceedings subseries are arranged in roughly chronological order. The dates listed are generally those on which the decrees and orders were issued by the probate judges or the dates of the court sessions.

The volumes in the final decrees subseries include mostly final decrees, although some other orders and decrees issued by the probate court may be present. Some final decrees volumes are divided into two sections, identified for filming purposes as “Section A” and “Section B” in the volumes and in the roll contents list (roll 1) or volume list (subsequent rolls) that follows this description on the microfilm. The initial volumes in the miscellaneous orders and proceedings subseries constitute a record of court proceedings, noting appearances before the court, transcribing or recapitulating documents filed, and noting court actions, decrees, and orders. They include a few estate inventories, as well. The proceedings volumes gradually evolved into miscellaneous order books comprising a variety of documents that were created as actions were taken by the court, including final decrees. All of the volumes in both subseries have been filmed in their entirety.

Most of the final decrees volumes and some of the miscellaneous orders and proceedings volumes include personal name indexes, primarily to names of decedents. There is a separate index to Final Decree Records 81-84, filmed immediately preceding volume 81. Indexes that include citations to volumes containing wills and nonarchival documents that were not microfilmed are identified as such on the microfilm.

Final decrees of distribution record data on a decedent's estate and its distribution to his or her heirs and/or legatees. They generally include the following information: the name of the decedent; the date of the court hearing; the name of the attorney representing the estate; a statement that all required legal and administrative procedures have been carried out (early volumes may give the name and date of the publication containing the notice of the court hearing); the decedent's date of death and residence and whether he/she died testate or intestate (with or without a will); itemizations of the major personal property and of the homestead and/or other real property to be distributed; the names of the heirs and/or legatees and their relationship to the decedent; the terms of the distribution of the itemized personal and real property among the heirs/legatees, sometimes including excerpts or quotations from the decedent's will; and the date of the decree.

Some volumes may also include several other types of final decrees, recorded intermittently throughout the volume or in separate sections. Final decrees (summary proceedings) document the distribution of less complicated estates, in which each heir often is given a designated fractional portion of the decedent's real and/or personal property. The summary proceedings give much the same information as the decrees for more complicated estates; however, they tend to merely list the heirs who are entitled to portions of the estate, rather than itemizing property and its distribution. Decrees of distribution of exempt estates document the immediate distribution of estates, or designated portions thereof, that have been determined to be exempt from the payment of debt. Decrees of partial distribution document the distribution of portions of estates prior to the final distribution of the estates. Orders of distribution of insolvent estates document the distribution of monetary assets to creditors of estates against which claims exceed assets. Decrees of omitted or incorrectly described property and the more general orders of correction, modification, and amendment remedy deficiencies in previously issued final decrees. These other types of final decrees are identified in the roll contents or volume list only when they constitute a distinct unit within a volume, not when they are interspersed throughout.

Related materials: Several other kinds of probate documents also may be present among the final decrees in some of the microfilmed volumes. These are transitory administrative documents that usually pertain to transfer of real property or to various steps in the probate process; the individual probate case files contain a more complete compilation of such documents. The official record of real estate ownership and transfer is maintained by the county recorder.

Naturalization records: The first volume in the Miscellaneous Orders subseries (Register 1/Record A, 1855-1862) includes, in addition to probate records, two declarations of intention (first papers) that were recorded in 1856.

The Olmsted County Final Decrees of Distribution were microfilmed in order to permanently preserve their informational content. Two volumes (1855-1865) were retained for their artifactual value; the index to final decrees volumes 81-84 was retained because it also indexes will books that were not microfilmed. The remainder of the volumes were discarded after microfilming.

The final decrees volumes in Unit 1 for the years 1939-1964 consist of bound, negative-looking photocopies, many of which exhibit very poor contrast between the color of the text and the color of the paper, making legible photographic reproduction especially difficult. In an effort to increase the legibility of these documents on the microfilm, many were filmed more than once at different camera settings, with a target identifying the intentional duplicate exposure(s).

Each subseries, each unit, and each volume are preceded on the microfilm by an introductory "flash" target. A running target beneath each film frame gives the title and producer of the microfilm and the frame number.

Blank pages and some pages containing nonarchival records have not been filmed.

When citing materials from this microfilm, include the following information: Document title and date; volume title, number/letter, dates, and page number(s); microfilm roll and frame numbers. Olmsted County. Probate Court. Final Decrees of Distribution. Microfilm edition. Minnesota Historical Society.

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The volumes contain or are accompanied by indexes.

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Access Restrictions:

Microfilmed originals are closed. Please consult the reference staff for more information.

Preferred Citation:

[Indicate the cited item and/or series here]. Olmsted County (Minn.). Probate Court. Final Decrees of Distribution. Minnesota Historical Society.

See the Chicago Manual of Style for additional examples.

Microfilm Production:

Saint Paul, MN : Minnesota Historical Society, 1997.

Available for sale or interlibrary loan from the Minnesota Historical Society.

Location of Originals:

Originals of 3 volumes were retained: 2 volumes (1855-1865) for artifactual value and one index volume that also indexes unfilmed materials. The remainder of the originals (18.5 cubic feet) were disposed of after microfilming.

Accession Information:

Accession numbers: 987-67; 987-136

Processing Information:

Catalog ID number: 990017129320104294

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This collection is indexed under the following headings in the catalog of the Minnesota Historical Society. Researchers desiring materials about related topics, persons or places should search the catalog using these headings.

Topics:

Decedents' estates -- Minnesota -- Olmsted County.

Naturalization -- Minnesota -- Olmsted County.

Document Types:

Estate inventories.

Microforms.

Naturalization records -- Minnesota -- Olmsted County.

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