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Tips for General Court Records
When a person dies, every state has laws that provide for public supervision over the estate that is left, whether or not there is a will. The term “probate records” broadly covers all the records produced by these laws, although, strictly speaking, “probate” applies only when there is a will. Family historians use probate case files far more than any other kind of court record. Probate case files are logical sources because they tend to include so much personal data, and because Americans have depended on the courts to settle their estates since North America was colonized. According to Val Greenwood in his Researcher’s Guide to American Genealogy, “All records which relate to the disposition of an estate after its owner’s death are referred to as probate records. These are many and varied in both content and value, but basically, they fall into two main classes: testate and intestate”. Probate case files generally provide names, addresses, and biographical data for the deceased, but frequently provide the same information for other relatives named in the papers. Relationships, maiden names of wives, married names of daughters, past residences, and place of origin in a native country are just a few of the details that can be discovered in probate files. And probate files can be found in courthouses and archives across the United States. When requesting probate information from the county clerk, it is important not to limit yourself by asking for a person’s “will.” The clerk will usually take you at your word and not copy other papers in the probate file that may have equally important information if there is no will.
Even if your ancestor is not mentioned in a probate case, consider all of the other procedures which might have resulted in him or her appearing in court records:
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Alabama- The office of the probate judge is the county office where the most significant genealogical records are created and maintained in Alabama. A variety of records are housed in this office. These records may be labeled wills, estates, inventories, administrations or guardian's bonds, and orphan's court records. Within each category there may or may not be separate volumes labeled "record" or "minutes." The "record" volumes contain relatively full accounts of probate proceedings, while the "minutes" volumes normally contain only brief abstracts of the proceedings. Early adoption records and records for the binding-out of poor orphans are recorded here. Until the 1900s adoption records were not filed separately. Record books and files created especially for adoption proceedings are now closed to the public by law. Sometimes bastardy cases and naturalization records are here. In all cases these records are merely copies of the original and contain only such data as the clerk thought legally important. More significant than the clerk's ledger, the "loose papers" contain the documents submitted to prove a will, such as the petition to probate, which listed all heirs of the deceased. Generally, these files are not housed in the record room. The researcher should request these files from the probate clerk. The office of the probate judge in Alabama also recorded other documents intermittently in probate, deed, or commissioner's court records. Particularly useful are proofs of freedom filed by free blacks or natives (often with white deponents), indenture papers, contracts for hiring military substitutes during the Civil War, and lists of slaves brought into the state or loaned to the Confederacy. Alaska - Probate records in Alaska were kept by the district courts prior to statehood in 1959. After 1959, Alaska created the superior court, which has probate jurisdiction. Probate records are available at the Alaska State Archives. Arizona - Probate records, generated by the legal aspects surrounding a person's death, adoption, or guardianship, are valuable sources in Arizona for solving numerous problems relating to individuals, families, and family relationships. Probate-related records are located in the offices of the clerk of the superior court. If a person died testate, meaning that a proper last will and testament was prepared, the estate was heard in the county of residence or where property was held. Intestate are filed in the same way. If minor heirs are involved, additional records will be forthcoming, and, depending on the ages of these minors, there names may appear in court records for as long as they remained minors. Note that in the records indicated for probate in the County Resources, two counties list adoptions as well. Counties not indicating such records should also be checked. A search should include a careful examination of all indexes and cases involving all of the pertinent court records in order to uncover all of the information in these materials. Arkansas - Generally, probate court records in Arkansas are generated by the chancery court and maintained by the county clerk. Wills and records created from probate proceedings for both testate and intestate estates are among the most valuable county records. Bound volumes of probate records include the recorded will, appointments of administrators, court orders for the inventory of an estate, the inventory, estate sale records, guardianship appointments and accounts, administrator/executor accounts, list of heirs, and final accounts. California - The court that has jurisdiction over an estate is the superior court in the county in which the person resided at the time of his or her death. When a probate case is opened, the clerk of the court will keep a journal for that particular numbered file and maintain that file when the case is closed. Files can be searched at the office of the clerk of the superior court in which the probate occurred. Check for the file and then request the entire journal. The “Petition for Final Distribution” is ordered when all of the legal requirements have been met and the estate is to be distributed to the heirs. This is an important instrument to the researcher as it may give insights into the relationships of the heirs to the decedent. If the estate is contested, if there are minor heirs, or if other non-routine proceedings occur, all of these will generate additional materials to be researched. The first request for information about a probate should go to the superior court clerk of the county in which the decedent died and proceed from there to other courts when necessary. When researching in San Francisco County, it is important to remember that many of the records were destroyed in the 1906 earthquake and fire. Some local and county genealogical societies in the state (see Archives, Libraries, and Societies) have published indexes to early probate records. Colorado - The county court, created by the 1876 state constitution, retains jurisdiction of all matters of probate. Researchers can expect to find indexes to probate records, case files of probate records, administration of estates including record of wills, letters of testamentary and administration, appraisements, inventories, sales records, and guardianships. These records are held at the county level although some early records have been deposited with the Colorado State Archives. Connecticut - Connecticut can boast centralization of many research sources and clear jurisdiction on land and vital records. Probate records finding the correct jurisdiction for a particular time period is more complicated. For the 169 towns, there are about 130 probate districts. Jurisdictional lines have changed considerably over the three centuries, but their function has been consistent in probating wills, distributing estates, and appointing guardians. Before 1698, probates were handled by the general court or the secretary of the colony and the particular courts. When the four counties were created, the probate jurisdiction paralleled that of the county, but by 1719 the four original districts started to divide. Each present probate district has a genealogy of its own. A Checklist of Probate Records in the Connecticut State Library delineates the lines of descent for each present district. As with all probate records, not only the court record books themselves (clerk's transcripts of probate proceedings), but the estate papers or files (original wills, receipts, affidavits, etc.) contain essential genealogical information. The record books remain in the probate clerk's office with microfilm copies to about 1915 in the Connecticut State Library and the FHL. The exception is New Haven, whose original record books are at the Connecticut State Library instead of the probate clerk's office. Many of the district estate papers or files to 1900 (some later) have been deposited in the Connecticut State Library. Packets of these original documents have been microfilmed to 1880 and are available on microfilm at both the Connecticut State Library and the FHL. Photocopies of original files are no longer permitted because of their fragile condition. There is a state-wide index of these probate packets at the Connecticut State Library. Delaware- The early probate records for Delaware, from 1676 into the twentieth century, are at the Delaware State Archives, either in their original form of books and files, or on microfilm, or both. From the early 1700s, there are orphans' court records with very useful partitions of land of intestates and consolidated card file indexes by county covering estates to 1850. Earlier probate information should be sought in records of Maryland, Pennsylvania, and New York. It should also be pointed out that many early wills pertaining to Delaware residents, while proved, were never recorded. Later records are filed with the appropriate county register of wills. Calendars have been published for the wills of all three counties: Calendar of Kent County Delaware Probate Records 1680-1800 and Calendar of Sussex County Delaware Probate Records 1680-1800 and A Calendar of Delaware Wills New Castle County 1682-1800. The former two include the volume and page numbers not only for the county record volumes but also for those volumes at the state archives into which the early original documents were mounted. The latter work on New Castle County does not include intestate records. The origin and evolution of the office of Register of Wills can not be determined easily from early Delaware and Pennsylvania laws. However, by 1694 the register’s responsibility to probate wills, grant letters of administration, and settle estates was understood. These major responsibilities changed little in the succeeding three centuries until 1974 when some of his duties were given to the Court of Chancery. Under the Duke of York, a law dated September 22, 1676 assigned the responsibility for probating wills and settling estates to both the constables and the county courts. When a person died, his death was investigated by the constable and two overseers of the parish to determine if a last will and testament existed. If none could be produced, it was assumed that the person died intestate (without a will); the constable determined the extent of the estate and submitted his findings to the justice of the peace. The justice could issue warrants to ensure that the property was not distributed before the next term of the Court of Sessions. At that time, the Court determined administration of the estate. If a widow or child was to administer the estate, the court appointed four men to inventory the appraise the property which was then divided among the widow and children. If there were no heirs, the property was sold by the court, and the money reverted to the king. If a will was produced, it was also proved at the Court of Sessions or Assizes, and administration was granted by the court. Wills involving estates of under one hundred pounds were not required to be recorded in New York. Laws enacted under William Penn (1682) stipulated that a volume be kept by the register in which were recorded births, marriages, burials, wills, and letters of administration. Permissible fees for recording these instruments were determined by legislation passed the following year. Further delineation of the register’s duties is not noted until the 1694 minutes of the Provincial Council. At that time, the representatives and Governor approved a motion designating persons in each county to prove wills and grant administrations. This official became known as the Register General. A Register of Wills is not mentioned in Delaware Law until 1706. Legislation confirmed that wills were proved in a register’s office. Other early laws required the register to post bond ensuring faithful performance of his duties and to take security from administrators or else void their letters of administration. The register was also compelled to transit copies of all bonds, inventories, accounts, and proceedings relating to the estates of orphans or minors to the Orphans’ Court. In 1766 a Court of Delegates was established to hear appeals from registers relating tot he probating of wills and the granting of letters of administrations. Three judges and a clerk were commissioned by the Governor to staff the court. The State's 1776 Constitution makes little mention of the Register of Wills except to give the President and Privy Council the power of appointment. Under the 1792 Constitution, the Register was commissioned for five years by the Governor, although he could be removed by the Governor or both houses of the legislature on conviction of misbehavior in office. Currently, under the 1897 Constitution, a register is elected in a general election and commissioned by the Governor for four years. He is required to give security for faithful execution of his duties, such bond is filed with the Recorder of Deeds. He has the power to issue processes of citation, subpoena, attachment or capias; take acknowledgements; administer oaths; issue notices; certify and authenticate copies of instruments, documents, and records; and compel the appearance of witnesses and obedience to his orders by arrest, imprisonment and sequestration. Any deputies appointed to the office also have the power to administer oaths, make probate of wills, and grant letters testamentary and of administration. Their appointments are recorded in the Office of the Recorder of Deeds. After the 1974 reorganization of the office, the Register is now considered a clerk of the Court of Chancery. The Register of Wills’ primary responsibilities are to probate wills, to issue letters of administration or testamentary, and to settle estates. Any person having custody of a will is required to produce and deliver it to the Register of Wills within ten days of learning of the testator's death. A person failing to deliver a will is liable for damages or may be cited for contempt. A 1983 law allows any testator, testatrix, or attorney to deposit original wills for safekeeping in the office of the Register of Wills for New Castle County. The wills are then sealed, numbered, and indexed. Whenever notice of the death of the testator or testatrix is received, the Register opens the will and places it in a pending file to await probate. Wills are proved before the Register of the county in which the testator resided at the time of his death. The will of a non-resident of the State is certified in the county in which property is owned. A will filed out of State and entered as evidence in a Delaware court is filed by the Register of the county in which the case is heard. Wills being proved are recorded in the office of the Register; the original will is also preserved in that office. Proof of a will can be taken without giving notice to any person interested unless they request that notice be given. The Court of Chancery (before 1974, the Register of Wills) appoints a time for taking the proof and awards processes of citation requiring the presence of all interested, if they think necessay. If the will is certified as genuine, the Register issues letters testamentary to an executor of the estate. If a person died intestate, letters of administration are granted by the Register to an administrator who manages the estate. Administrators are usually persons entitled to a residue of the estate; if no one is capable, then a creditor or other suitable person is selected. In 1989, the Court of Chancery has the power to remove executors or administrators who neglect their duties. This was previously a function of the Register of Wills. Executors and administrators are required to post bond before assuming the duties of their position. The Register is required to note in his docket the granting of letters, the names of the sureties, and any penalties for default of responsibilities. Bonds are filed in the Register’s office. The Register posts and publishes notices of the granting of letters so that all persons having demands against the deceased’s estate can have them satisfied. This was the responsibility of the administrator or executor in earlier times. Any actions of the register relating to the granting or the revoking an executor or administrator are subject to appeal. Appeals were heard by the Supreme Court (until 1831) or the Superior Court (until 1974). In 1989 appeals are directed to the Court of Chancery. After issuing letters, the Register of Wills appoints one or more persons to appraise and inventory the property of the deceased. After the inventory, appraisal, and a list of debts and credits is compiled, it is verified by affidavit signed by each executor or administrator. The Register can order the suppression of an inventory or list of debts and credits and require a further inventory or list be made if he believes them incomplete or incorrect. In the past appeals of this decision were made to Orphans' Court. Since the abolishment of the Orphans’ court in 1970, suppression of an inventory or list is currently a responsibility of the Court of Chancery. The executor or administrator was required to render an account of his administration every year until the concerns of the deceased's estate were closed and the final account passed. As soon as was convenient, the Register examined, adjusted, and settled the account in the presence of the executor or administrator. When the account was settled, the executor notified in writing to all persons entitled to shares of the estate that the account was lodged in the Register's office for inspection. Currently the Register of Wills performs this duty. Exceptions to the accounts could be made by any person concerned and were heard in the Orphans' Court until its abolition in 1970. If an executor or administrator could not disburse money in his hands because of the infancy or absence from the State of any person entitled to any share of the estate, they could deposit that share in the Farmers' Bank to the credit of the person. The executor or administrator took a certificate of the deposit and deliver it to the Register to be recorded. After July 1807 all accounts, inventories, appraisements, and valuations were required to be made in United States money, not in pounds, shillings, or pence. A 1973 law required the rendering of all accounts to the Court of Chancery for settlement instead of to the Register of Wills. However, all accounts approved by Chancery recorded and indexed by the Register. The 1792 Constitution gave the Register the jurisdiction to adjust and settle executors, administrators, and guardian accounts previously done by the Orphans' Court. The clerk of the Orphans' Court was required to deliver to the Register all administration and testamentary bonds as well as all accounts of deceased persons settled by the Orphans' Court. Whenever the court appointed any guardian, the clerk was required to notify the Register. Guardians rendered an accounting of their actions at the end of the first year; afterwards, such an accounting was made at the discretion of the Register. The Register of Wills had the power to order guardians to file such accounts and could enforce this power by attachment for contempt and imprisonment. In 1903, the settlement of guardian accounts again became the responsibility of the Orphans' Court. Registers were ordered to deliver to the clerk of the Orphans' Court all guardian accounts, indices, and other related records. A 1933 law enabled executors and administrators claiming to have an interest in the estate to apply for a decree of distribution from the Register (currently, the Court of Chancery). Such decree determined apportionment of the estate.. Whenever the Register had a vested interest in a case brought before him, the Orphans' Court then probated the will, granted letters, and settled the account. Appeals were taken to the Supreme Court (after 1831 to Superior Court.) In 1970 the Orphans' Court was abolished; all of its duties relating to settlement of estates were given to the Court of Chancery. The 1792 Constitution established a Register's Court. Held by the Register of Wills, this court settled disputes involving estates. The Register took written depositions of witnesses, which were made part of the proceedings of a case. He issued processes throughout the State to compelling the attendance of witnesses. Appeals of his decisions could be made to the Supreme Court (after 1831 to Superior Court). Appeals are currently made to the Court of Chancery. The Register of Wills also had responsibilities relating to taxes. An 1877 law required that the Register obtain the assessment of property from the assessment records of the Levy Court in all cases where real estate was subject to the inheritance tax. The tax was based on this amount. A 1909 law required the Register to keep a separate docket, the Inheritance and Succession Docket, to record a general description of each parcel of real estate owned by the decedent; names of the parties entitled to any parcel; and the relationship of the person to the decedent. If the property was subject to a tax, the Register entered the amount of tax due and when paid into the docket. The tax was collected by the executor or administrator from the estate and given to the Register. Quarterly returns of collected taxes were made to the State Treasurer. In 1935 tax collection duties were assumed by the State Tax Department. The Register sent a monthly list of wills probated and administrators appointed to the State Tax Department. Currently every executor or administrator is required to file a tax return with the Division of Revenue. Final accounts cannot be approved until the Register receives a certificate from the Division of Revenue that the inheritance tax has been paid.48 The Register is also required to make a list of changes in ownership of real estate each month for the Board of Assessment (formerly to the Receiver of Taxes and County Treasurer). An additional duty was given to the Register of Wills during World War II relating to missing or captured servicemen or merchant seamen. Since that time, the register may appoint a conservator to serve as a guardian of the absent serviceman's or seaman's property. On the petition of the absentee or his attorney, the Register terminates the conservatorship, transferring all property to the absentee or his attorney. If the serviceman dies while away, the Register appoints an executor or administrator for the estate and the probating of the estate begins. Florida - Florida probate records include the wills, intestacy administrations, bonds, inventories and appraisements, guardianships, and property divisions familiar in most states. The records formerly held by probate courts have been transferred to the counties' clerks of courts and are readily accessible in most jurisdictions. The searcher who relies upon the recorded documents and fails to examine the bundled paper packets, however, may miss valuable clues. Territorial Papers and land records for Florida may, also, contain lineage information. Georgia- The office of the probate judge is the county office where the most significant genealogical records are created and maintained in Georgia. A variety of records are housed in this office.In Georgia, estate records are produced by courts with jurisdiction at the county level beginning in 1777 and with the creation of the county ordinary courts. Prior to that date, most estate matters were handled at the colonial capitol in Savannah. Most all of Georgia's colonial estate, colonial deed, mortgage, and deed of gift records survive at the Georgia Department of Archives and History . County ordinary courts kept probate records from 1777–98 and began keeping them again in 1852. County inferior courts were responsible for probate matters from 1798–1852. Almost all pre-1900 county probate records are on microfilm at the Georgia Department of Archives and History and the FHL. The Archives also has many loose, original Georgia county records. After 1900, probate records are in the county's ordinary court. Hawaii - Idaho - Illinois Circuit court jurisdiction covered all criminal cases and all civil suits for more than $20. Circuit courts were empowered to hear appeals from justices of the peace as well as to naturalize citizens. In 1827, the courts gained the responsibility of seeing that prisoners in county jails were treated humanely. Since 1848, circuit courts have enjoyed almost an unlimited legal jurisdiction. In 1872, the courts gained jurisdiction over election contests in counties. This was extended in 1895 to cover contests for mayors and village presidents, in 1899 to cover contests for election to the state judiciary, and in 1965 to cover township officers. In 1921, circuit courts gained appellate jurisdiction over the decisions of the Illinois Commerce Commission. The Constitution of 1970 gave the courts unlimited rights to review the decisions of state administrative bodies. The office of clerk of the circuit court was created by the Constitution of 1818. Statutory duties were originally limited to selecting juries, but in 1827 these were expanded to include issuing process, entering all judgments into the court record, and keeping docket and fee books. In 1829, clerks began to keep a complete court record, and they were allowed to appoint deputies in 1831. From 1818 to 1848, clerks were appointed by the circuit judges, but the Constitution of 1848 made the office elective, with a four-year term. In 1849, circuit clerks assumed the duties of ex officio county recorders. In 1865, clerks were required to keep index books to cases; in 1874, they were required to keep record books of the names of all parties to legal actions in the courts; and in 1933, they were required to file the monthly reports of the county defenders. In 1963, the duties of ex officio county recorder were transferred to the county clerk, and in 1970 the office of circuit clerk was deconstitutionalized. Probate Records - The Illinois General Assembly granted probate jurisdiction to the clerk of the county commissioners’ court in 1819. This jurisdiction was subject to review and reversal by the commissioners’ court. Probate duties included issuing letters of administration for estates, distributing the estates of individuals who died intestate, recording all wills and letters, ruling on contested wills, receiving bonds from administrators, paying witnesses, ordering a final distribution of an estate, ordering the sale of property from an estate for payment of debts, making a pro rata distribution of assets to creditors, appointing guardians for children under the age of fourteen, approving guardians selected by children age fourteen and over, and receiving bonds from those guardians. The circuit court, which was held annually by a judge from the Supreme Court, had appellate jurisdiction in probate matters. Only two years later, in 1821, the functions of the probate court were transferred from the clerk of the county commissioners’ court to county probate courts. Probate judges were elected by the General Assembly, and served during good behavior. Their duties included those specified in 1819, with the addition of jurisdiction over bankruptcy and imprisonment for debt cases, until imprisonment for debt was abolished in 1823. That year, the judges were limited to a two year term. In 1825, their term was restored to good behavior. Jurisdiction over apprentices was added to the list of probate duties in 1833. In 1837, probate justices of the peace were established in each county. These justices were elected to four year terms. The county commissioners’ court was empowered to reverse the actions and decisions of these justices until 1845, when it lost this authority. The Constitution of 1848 moved original jurisdiction in probate cases to the newly created county courts. County judges were elected to four year terms. The Constitution of 1870 gave the General Assembly the authority to create probate courts in counties with populations of 50,000 or more. This was specified by statute in 1877, when the minimum population for a county probate court was raised to 100,000. Both judge and clerk were elected to four year terms. In 1881, the population requirement was dropped to 70,000; in 1933 it was raised again, this time to 85,000. Counties which had populations greater than 70,000 and less than 85,000 were permitted to retain the court by local option.In 1953, this local option was extended to counties with populations between 70,000 and 125,000. By the terms of the Judicial Amendment of 1962, the functions of both the probate courts and the county courts were transferred to the circuit courts, effective January 1, 1964. Since that date, probate matters have been handled by circuit courts Indiana Probate Records - The court jurisdiction responsible for probate changed a half dozen times in Indiana's history before finally settling in the county's circuit court. Thankfully, location of the records has remained with the clerk of the circuit court, although they are often stored in the county clerk's office. The records include wills, probate records, administration of estates, letters of administration, inventories of decedent's personal property, final record books, adoption papers, guardianship records, civil court records, records of minors, records of the insane, and naturalization records and proceedings. Iowa There was considerable redivision and reorganization through 1907. Holdings at the National Archives/Central Plains Region include files from the District of Iowa, 1845–82; Northern District, 1850–1959; and Southern District, 1842–1959. At the county level, criminal and civil court records are filed with the county clerks. A few Iowa court records have been, and are being, transferred to the State Archives in Des Moines. A recent acquisition of interest to genealogists is the Supreme Court of Iowa Order Books, beginning with the formation of the Iowa Territory in 1838, in four volumes through 1858. Order Book A contains twenty-one naturalizations between 1840 and 1851. Naturalizations which are part of the District Court Records at the county level are being microfilmed. Naturalizations for most counties have been filmed, and they are available at both State Historical Society of Iowa research libraries. Probate Records - Matters of probate, including wills, administrator or executor bonds, inventories, and guardianships, are kept by the clerk of the county district court. The Genealogical Society of Utah and the State Historical Society of Iowa are jointly microfilming probate records at the county level. In the case of Scott County, packets of original probate files in addition to the court's record books are included. Full particulars on which counties and which records can be obtained from the research library in Des Moines. Kansas Probate Records - Many probate records located at the county level are in the district court. One can expect to find an index to probate court papers, court records, executor's bonds, letters of testamentary, inventories, sale bills, guardian and curators records, and court appointments. Usually the probate minute books, probate court records, and case files are also available. The researcher can check for the application letters for administration, executors and guardians, administrators and guardian's bonds, appraisement of estate, names and oaths of witnesses, sale bills, settlement records, orders of publication, term docket books, and wills and record of wills. Kentucky Courts and their jurisdiction have altered over time in Kentucky. Some early courts are no longer extant. Some have undergone name or jurisdictional changes. Early records may be filed in volumes or containers that may be mistitled, making it necessary to examine all court records for a county. County courts maintained jurisdiction over most matters, both civil and criminal, until 1852 when quarterly or circuit courts began handling criminal cases. Some circuit courts handled major civil and criminal matters as well as divorces. The circuit courts also served as appellate courts. Matters involving large sums of money were usually heard by the courts of quarter sessions from before statehood through the state's first ten years. Probate Records - County probate records are filed at the respective county courthouse usually under the county clerk's jurisdiction. Probate records include wills, estates, administrators, executors, inventories, settlements, sales, accounts, guardianship, orphans, insolvent estates, bastardy, apprentices, and insanity. Documents pertaining to probate are recorded in volumes containing records of administrations, court proceedings, court minutes, estates, executors, guardians, inventories, probates, sales, settlements, and/or wills. Records may be filed under various titles. Loose papers are usually kept in folders or tied together in packets. Early estate records are frequently recorded along with regular proceedings of the county court. Circuit court records include inherited estate disputes. Some counties have transcribed early wills. The Kentucky Historical Society and the Filson Club Library have collections of these. Some transcribed or microfilm copies of original probate records are available at the Kentucky Department for Libraries and Archives, Kentucky Historical Society, University of Kentucky Library, Filson Club Library, and the FHL. Some wills and inventories for the period of 1780 to 1788 are recorded in book J of the books maintained by the Kentucky Court of Appeals. These have been abstracted by Michael and Bettie Cook (see Land Records). Unfortunately, many of the 120 Kentucky county courthouses have suffered record loss because of fire or other accidents. Even though fire may have destroyed records pertinent to the county in which research is being conducted, some records were re-recorded. Research must encompass several years beyond the time of the destruction of records. Louisiana
The Clerk of Court for each parish in Louisiana performs the functions of more than one office. He is the Clerk of Court, Recorder of Deeds and Mortgages, Jury Commissioner, and Election Official and Custodian of the Voting Machines. As the Recorder, the office of the Clerk of Court receives, files, records and indexes all mortgages, conveyances and all other instruments recorded in the Public Records for the Parish. The Clerk’s Office receives and files all pleadings, such as petitions, answers, motions and other filings in Civil and Probate matters, as well as indictments, bills of information and other filings in Criminal matters. The Clerk’s Office also handles special Juvenile matters and Criminal Neglect cases. Another function of the Clerk’s Office is the issuance of Marriage Licenses and recording their returns after the marriages are performed. The Clerk of Court also acts as Election Official and Custodian of Voting Machines. He is to deliver the voting machines to their precincts and notify all Commissioners and Deputy Parish Custodians of their duties and responsibilities on election day. He is required by law to open each voting machine used in an election, record the number of votes and report the totals to the Board of Election Supervisors. The Clerk of Court also serves as member of the Jury Commission of his parish. The duty of this commission is to draw Petit Juries and Grand Juries as required by the Court. All expenses of the Clerk’s Office are paid out of the fees, as fixed by statute, for recording, copies and services rendered in connection with Civil, Probate and Criminal proceedings. Taxpayers’ dollars are not used for the operation of the office. See also New Orleans, 1820-1850 Passenger and Immigration Lists and Search Immigration & Naturalization Records from All States Probate Records - The succession record of Louisiana is much like the probate files of other states; if a will exists—which is rare in early Louisiana—it is filed with the succession. This is indeed a rich source for genealogists. The family meeting is one of the most important documents found in a succession. These are meetings held by family members and friends to discuss the estate and the fate of the minor heirs (should there be any). They name each person attending, give their relationship to the deceased and the minors, give the ages of the children; if there are married daughters they give the names of their husbands, and the name the widow and any former spouses with their maiden names. Other documents found in a succession are notes owed the deceased by others, an inventory of all property and movables, a complete listing of all heirs (with maiden names of the females and spouses of the married daughters), ages of all minor heirs, date of death of the deceased, appraisal of all property, and a listing of the disbursement of said property. If the heirs of the deceased are not known the succession is called a “vacant succession.” The testimonies of acquaintances either identify the missing heirs or state that there are none. If there are heirs then the succession is left open until they are located. In this case the ancestral data compiled can be overwhelming. Maine Before 1820, Maine's court of appeals was the Massachusetts Superior Court of Judicature. This also served as the original court for some other cases such as murders. Records for this court are filled as "Suffolk Files" at the Massachusetts State Archives where they are indexed. The supreme judicial court replaced the superior court of judicature after 1780. According to the Massachusetts State Archives, there holdings include circuit court records for this court for Maine counties through 1793. Although Portland was a port of entry itself, with indexes to passengers arriving 1893-1954 in the National Archives collection with copies at National Archives/New England Region, many Maine residents are descendants of the Irish and other nationalities who passed through immigration in Boston and New Brunswick. Probate Records - The county seat is where an executor or petitioner would go to commence probate, adoption, or guardianship proceedings. The earliest of Maine's wills have been published in William Sargent's Maine Wills, 1650–1760 (1887; reprint, Baltimore, Md.,: Genealogical Publishing Co., 1972), which covers the entire state since there was only one place for instituting probate proceedings. William D. Patterson's Probate Records of Lincoln County, Maine—1760–1800 (Portland: Maine Genealogical Society, 1895) extends Sargent by including all probate records, not just wills, and all of eastern Maine to 1789 when Hancock and Washington counties were set off from Lincoln. There were five probate courts by 1800. Since probate records include more than wills, John E. Frost has been compiling the earlier material to compliment the wills. Maine Probate Abstracts, 1687–1800 (Salt Lake City, Utah: Microfilm Service Corp., 1986–87) is a microfiche edition of all York County probate records for the time period and not just wills. It is presently available at Maine Historical Society, the Maine State Library, New England Historic Genealogical Society, and the FHL. Mr. Frost is currently continuing to abstract the rest of the pre-1800 probate records. Maine State Archives hold the Somerset County probate records. Maryland Naturalizations granted in U.S. district and circuit courts in Maryland (Baltimore) are available on microfilm at the National Archives-Mid-Atlantic Region in Philadelphia, with an index for the years 1797-1951. Some early naturalization petitions were destroyed by fire. The index is also available at the Baltimore City Archives and Maryland Historical Society. The Maryland State Archives has index/abstract cards for these courts for the period 1797-1906, as well as indexes for 1925-51 and for the naturalization of soldiers, 1918-23. Other naturalization records are available at the Maryland State Archives and in the county courthouses. Citizenship was granted in the provincial period, 1634-1776, by the court, legislature, or the governor and council, and these records are indexed at the Maryland State Archives. The Maryland State Archives also has an index to naturalizations, 1781-1906, granted by the General Courts of the Eastern and Western Shores and in certain county courts. There are separate indexes for naturalizations in Baltimore City (1793-1933) and Baltimore County (1872-1902). Records for some counties have been published, such as those for Frederick County, 1785-1850. Court Records - In many cases, efforts to recover the early proprietary records of Maryland, which were privately kept by the Calvert family, have been successful although some material has disappeared. The earliest surviving proprietary and royal papers for the period 1637 to 1785 were published in Calendar of Maryland State Papers No. 1 The Black Books (1943; reprint, Baltimore: Genealogical Publishing Co., 1967). At the Maryland State Archives are various records of and indexes to the provincial and general court (1658-1805) and the chancery (equity) court (1668-1851). An index to depositions from a variety of sources, 1668-1789, was published in the Maryland Historical Magazine 23 (1928): 101-54, 197-242, 293-343. Other early court and related records have been published and indexed, such as provincial and county records from 1637 to the 1780s in volumes of The Archives of Maryland. Many twentieth century court records are still in the counties, with earlier records or copies in the state archives. In the orphans' court, the clerk of which is the register of wills, are wills and other estate records. Taxes and road surveys are in the commissioner's office. It should be noted, however, that much more material has been transferred from the counties to the state archives since the publication of the work, and updated information should be sought in Annapolis. Before 1777 estates were recorded in the Prerogative Court, thus the records are "complete" despite courthouse fires and other losses at the county level. These include wills, inventories, accounts, balances of final distribution, and testamentary proceedings, all indexed at the state archives. Probate Records - After 1777 probates were recorded in the county orphans' court. Indexes to wills kept in courthouses have been published for the counties of Allegany, Anne Arundel, Baltimore, Calvert, Charles, Garrett, Harford, Howard, Kent, Prince Georges, St. Marys, Somerset, and Washington. Some abstracts are found in journals, such as those for Frederick County in Western Maryland Genealogy, as are indexes, such as that for Carroll County in the Carrolltonian (1984). Other county estate records that have been published include administrations, inventories, guardianship bonds, and distributions. Massachusetts 1800-Present. The nineteenth century brought massive numbers of immigrants to Massachusetts, creating a much more heterogeneous population than a century earlier. Fortunately, many passenger lists have been indexed for the period. Massachusetts State Archives has an alphabetical name index to the Port of Boston passenger lists from 1848-91, called the state list. The National Archives/New England Region has passenger lists from 1820-1925 and continues to receive later ones. The National Archives in Washington, D.C., has copies of the Boston lists for 1820-91 (Record Group 36, M277), though some gaps in coverage appear in the microfilm copy of the lists. The microfilm index to passenger lists made by the National Archives in Washington, D.C., for 1848-91 (Record Group 36, M265) used the state lists to create their index for arrivals at the port of Boston. Consequently, people might appear on the microfilmed federal index, but not on the federal lists while they do appear on the state list at the Massachusetts State Archives. The National Archives in Washington, D.C., additionally has an index to passenger lists for arrivals at Boston from 1902-20 (Record Group 85, T521; T617), book indexes to the Boston passenger lists by date of arrival from 1899-1940 (Record Group 85, T790), and passenger lists themselves 1891-1943 (Record Group 85, T843). Boston was only one port of entry open for immigrants to Massachusetts. There are lists for other ports in the state as well, generally covered by the National Archives index in Record Group 36 (M334) Atlantic, Gulf, and Great Lakes ports, 1820-91. The WPA developed an index of naturalizations found in numerous city, county, state, and federal courts in New England for the period 1786-1906, which are soundexed, microfilmed and available through National Archives. Massachusetts State Archives holds abstracts for state and local courts (1885-1931 with separate annual indexes), and also Essex County naturalization records (1901-1982). Current petitions and index cards for the federal courts are at Immigration and Naturalization Service, U.S. Department of Justice, JFK Federal Building, Government Center, Boston, MA 02203. Court Records - Plymouth Colony, also known as the Old Colony, existed as a separate entity throughout most of the seventeenth century; it was officially merged into the Province of the Massachusetts Bay in 1692. Plymouth Colony consisted of towns currently located in Plymouth, Barnstable, and Bristol Counties. The original colony records for Plymouth, including wills and deeds, are maintained at the Plymouth County Commissioners Office in Plymouth. The Massachusetts Archives holds manuscript transcriptions of these records, with accompanying name indices. Some of the Plymouth Colony records, along with the records from the Commissioners of the United Colonies, were published in a twelve-volume set, Records of Plymouth Colony (Boston: 1855-1861), available at the Archives and at the State Library. Court records abound in the state, with some of the earlier ones also making their way to the printing press. The General Court, which met quarterly, was established in 1629 to create laws to insure religious, peaceful government. Composed of the freemen of the colony, the General Court chose the governor, deputy, and assistants all of whom met as the Court of Assistants. It met more often to carry out General Court business and hearing jury cases. Individually they acted as local magistrates (justices of the peace) for civil suits. As the number of freemen in a town grew, representatives were elected to sit in General Court. Ten years later, county inferior quarter courts of first instance were established and composed of the magistrates with a jury in each county, but dividing functions between civil actions in courts of common pleas and criminal actions in courts of general sessions. This three tier court system (individual magistrates, county courts, Court of Assistants) continued until reorganization in 1692 which provided for courts of general sessions and common pleas for each county, with one superior court of judicature (1692-1780) overseeing the entire colony. The latter became the supreme judicial court after 1780, handling appeals from lower courts. The county sessions and common pleas were reorganized into county superior courts in 1859. Essex (1636-83), Suffolk (1671-80), Hampshire (1639-1702) and Plymouth (1686-1859 unindexed) county court records have been published, as well as those for Massachusetts Bay (1628-1686) and Plymouth (1633-1691) colonies. The Plymouth County court records are taken from the record books at the Pilgrim Society and are currently being indexed. To avoid the possible responsibility for the poor, towns issued "warnings out" to those for whom they would not assume responsibility. Although instituted by towns, in Massachusetts they were recorded in the county seat. Those for Worcester County have been published. Even with Massachusetts' reasonably intact records, there are still gaps. But in all cases there are two groups of records of concern-the original papers brought to court such as receipts from heirs, original wills, and affidavits of all kinds, and those papers which were actually recorded in county probate books. Both of these exist in abundance for Massachusetts, although many people still died without their estate being probated.
Probate Records - In Massachusetts the probate court jurisdictions follow county lines. Probate records have been published for Essex County (1635-81), Bristol County (1687-1745; 1745-1762); wills for Suffolk County(1639-1670); and indexes for the counties of Essex (1638-1841), Middlesex (1648-1909), Norfolk (1793-1900), Plymouth (1686-1881), Suffolk (1636-1910), and Worcester (1731-1910). Beginning in 1922 divorces fell under the jurisdiction of both the superior court and probate court of the county. However, almost all cases after that date are heard in probate court despite the fact that the county superior courts have concurrent jurisdiction. Michigan Michigan attracted a large number of immigrants. Entries for collections on various groups can be found in all of the repositories' holdings. One example is in Michigan Historical Collections in Ann Arbor, which holds letters sent by Swedish immigrants to entice others to come, as well as Swedish-language newspapers published in Michigan. Ethnic Groups in Detroit (Wayne State University, Department of Sociology and Anthropology, 1951) was published as part of the city's 250th anniversary. Included is a discussion of forty-three ethnic groups. Beginning in the 1840s and burgeoning near the end of the century, immigrants from northern and eastern Europe journeyed to Michigan for employment opportunities and religious freedom. Naturalization records for Michigan are organized by county, some with indexes. Declarations of intentions are usually arranged by surname while other documents for the citizenship process are chronological. Records for sixteen of Michigan's counties are cataloged by the State Archives of Michigan: Cass, Genesee, Gladwin, Hillsdale, Ingham, Ionia, Kalamazoo, Kent, Keweenaw, Luce, Marquette, Monroe, Montcalm, Muskegon, Saginaw, and Wayne. Court Records - Records at the county level are the responsibility of different offices-office of the county clerk: birth, death, and marriage; register of deeds: land records; office of the probate judge: probate files; and circuit court office or office of the county clerk: circuit court records. County circuit court records are kept by the county clerk or the circuit court clerk in the appropriate county office. There are no state indexes to these records. Probate Records - Probate records are the responsibility of the probate court office or the office of the probate judge in each county. There is no state index to these records, but see County Resources for earliest records available. Some probate court records, estate case files in particular, have been deposited at the state archives or at a regional depository. Consult State Archives Circular No. 6, Probate Court Records, for a listing of counties and dates of these original and microfilmed files. Minnesota Naturalization records may be in the district court office of the county courthouse. However, many of the counties have transferred these records to the Minnesota Historical Society Research Center. Other records in this court may include civil and criminal cases with indexes, coroner's records, professional registrations, and oaths and bonds. Civil cases may include monetary suits, change of name, divorce, garnishments, and adoptions. The district court records for Wright County at Minnesota Historical Society Research Center include, for example, court minutes, 1858–1929; criminal case files and dockets for 1858–1928; judgement dockets, 1857–66; and register of civil actions, ca. 1879–99. The court records at this repository vary considerably by county and type of record. Some counties have not transferred any of these files but retain them at the district court office in the county seat. Probate Records - The probate office in county court houses will usually have all those records pertaining to estates and wills, guardianships, juvenile court records, and insanity records. Probate case files for Freeborn, Pope, Washington, and Winona counties are at the Minnesota Historical Society Research Center. This repository also holds probate summary volumes (not the files) for numerous other counties in the state. Probate records will frequently pre-date death records in Minnesota counties. They may also help locate the out-of-Minnesota death record of an ancestor. Mississippi These original Provincial Records records are divided according
to the historical powers that ruled Mississippi during its early
development. The French Provincial Records, covering the French
Dominion date from 1678–1763 and are housed in Paris, France,
at the Archives du Ministers du Colonies, Series C13a. The Spanish Provincial Records are located in Seville, Madrid, and Simancas in Spain. Transcripts and microfilm copies of selections of all of these colonial records are found at the Mississippi Department of Archives and History and are known as the Provincial Records (RG 24–26). It is important to make the distinction that probate records
are maintained by the chancery court, but that the chancery
court has additional responsibilities for other records. These
tasks include keeping official records of land titles, mortgages,
and other documents customarily recorded at the courthouse. Although Mississippi Territory had influences from different European countries, it was English law that it looked to for guidance even from the beginning; this law separated courts of law and equity as Mississippi distinguished the chancery court from the circuit court.
Probate Records - The office of the probate judge is the county office where the most significant genealogical records are created and maintained in Mississippi. A variety of records are housed in this office. Although Mississippi Territory had influences from different European countries, it was English law that it looked to for guidance even from the beginning; this law separated courts of law and equity as Mississippi distinguished the chancery court from the circuit court. Missouri Clerk of the Circuit Court office holds the direct index to records such as divorces, debt, dissolution of partnerships, adoptions, judgment, and tax fee books including direct and indirect indexes. They also retain the index to criminal records and criminal files of the circuit court. Adoptions are under the jurisdiction of the circuit court. Naturalization records, including petitions, declarations of intention, certificates, and certificates of allegiance, and granting of citizenship are also located in the clerk's office, as well as an index to civil case files. Some naturalization records have been found with the deeds. Federal records that pertain to Missouri citizens are located at the National Archives-Central Plains Region. The U.S. circuit and sitrict court records beginning as early as 1822 include case file indexes, records books, dockets, and judgment books that have been microfilmed. Probate Records - These are retained at the county level although many have been microfilmed by the Genealogical Society of Utah, in cooperation with the Missouri State Archives and the Missouri Supreme Court. Fortunately for the genealogist, a special emphasis is placed on microfilming the estate files. One can expect to find an index to probate court papers, court records, executor's bonds, letters of testamentary, inventories, sale bills, guardian and curators records, and court appointments. Usually the probate minute books, probate court records, and case files are also available. The researcher can check for the application letters for administration, executors and guardians, administrators and guardian's bonds, appraisement of estate, names and oaths of witnesses, sale bills, settlement records, orders of publication, term docket books, wills, and records of wills. Montana - Nebraska - Nevada - New Hampshire The province court records to 1771 are card indexed at the New Hampshire Records and Archives. After that time, the county seat traditionally housed court records. In a few cases, card indexes to plaintiff and defendant are available to guide the search. Original county court records now at the New Hampshire Records and Archives instead of the county seat include Hillsborough to 1880, Merrimack to 1870, Rockingham 1772-1860, Strafford 1773-1850, and Sullivan to 1880. Microfilm of Grafton, Merrimack, and Strafford court record copy and docket books are at the New Hampshire State Library. New Hampshire State Papers, volume 40, contains court records from the Dover-Portsmouth Quarterly Court, 1640-92, and there are some general court records and indexes both at the New Hampshire Records and Archives and on microfilm at the FHL for the colonial period. After statehood, the court system became established along county lines. The only court records which have been abstracted or published for the post-colonial period are abstracts of Strafford County Inferior Court records, 1773-83 Probate Records - Probate records covering the colonial period from 1636-1771, originally filed in Portsmouth and Exeter, are in the collection at the New Hampshire Records and Archives, and abstracts have been published in volumes 31-39 of the New Hampshire State Papers. Probate records for residents of towns along the Massachusetts border may be found in Massachusetts counties. For those in Rockingham County, see Essex County (Mass.) Probate Index, 1636-1840 (see Massachusetts-Probate Records). Abstracts and indexes are only the tip of the iceberg in probate records, however. Each county holds original files that include letters, affidavits, bills, receipts, original wills, and inventories. Not all material in the file was recorded in probate books. Consequently, a probate search is not complete without surveying the materials in the original files. New Jersey The state archives has minute books, indexes, and some case files for records of the prerogative court, 1830s-1900 (some scattered earlier); chancery court, 1780-1850 (some scattered back to 1743); and supreme court, 1681-1844 (indexes to 1947); court of errors and appeals dockets, 1869-1949 (some files prior to 1869); and records of the court of common pleas for some counties for the eighteenth and nineteenth centuries. Later records are with the Superior Court of New Jersey, R.J. Hughes Justice Complex, CN-971, Trenton, New Jersey 08625-0971. Some state court records for the 1800s were destroyed in a fire in 1980. Records of federal courts in New Jersey are at the National Archives-Northeast Region, and some of these are on microfilm. These include the U.S. district court for 1789-1960 and U.S. Circuit Court for 1790-1911.
History of the County Clerk's Office The County Clerk in the State of New Jersey is one of three County wide elected Constitutional Officers along with the Sheriff and Surrogate. The term of a County Clerk is five years. The County Clerk is responsible for the administration of a broad range of services including the filing and recording of all documents affecting real estate ownership/transfer, the processing of U.S. Passport applications, assisting individuals who wish to become a Notary Public, the issuance of Identification Cards, the filing of Business Trade Names, and the supervision of elections. A review of the history of recording real estate documents offers a unique perspective on the evolution of the County Clerk. Historically to undertake the transfer of ownership of real estate, the only persons who could read and write were the clergy who were held in great regard by the kings and their courts. The clergy appointed other learned people who could read and write but were not necessarily "religious", and under "vows of the church". They were called "clericus". So important were "clericus" or "clerks" thought to be, that they enjoyed the protection of the church and doctrine of "benefit of clergy" which prohibited the courts from gaining jurisdiction over these persons and gave them a total privilege of exemption from punishments for crimes. This was not abolished in England until 1827 but was so abhorred by the colonists that one of the first acts of the United States Congress on April 30, 1790 was to abolish the benefit of clergy where it existed. (Blackstone, supra., sec. 60) For 500 years, through the 16th century, the transfer of property occurred by documents written and held by the "clerks." And because these "clerks" could read and write, they became "clerks to the courts" of the various lords in England maintaining records of the Court proceedings. With the colonialization of the United States, that procedure was adopted within the legal jurisdictions of the various lords and the attendant "clerks." Because of the distance between the "motherland" and the "colonies," inhabitants formed various agreements for the recording and transfer of property. The first was in 1676 entitled "The Consessions and Agreements of the Proprietors, Freeholders and Inhabitants of the Providence of West New Jersey" which made provisions for the recording of deeds and other conveyances of land. Conveyances which were recorded were of full force and effect, those which were not recorded within six months were of no force and effect. The statute was so ignored that an Act was passed in 1695 imposing a penalty of "twenty shillings on every person who refused or neglected to bring his deed or conveyance to the proper recording clerk within six months." A similar agreement was adopted into under the "Fundamental Constitutions of East New Jersey," dated 1683, which required the recordation in a public "registry" of all deeds, otherwise they were "void at law." Both the East and West Jersey proprietors ceded and surrendered their respective rights back to the British crown in 1702 raising concern that no method existed for the transfer of property. Various colonial governments attempted to adopt legislation, but none ever received the final approval of the king. After the Revolutionary War, the State of New Jersey returned to the basic concept that recording was necessary to protect purchasers of property. Under the "Conveyancing Act of 1799," which is the precursor of the existing New Jersey statutes for recording" every conveyance of property must be "recorded" in a "register" or it shall be "void and of no effect . . .". These laws required and directed that these recordations and registrations be done by the various "clerks of the inferior courts of common pleas and quarter sessions" who were ". . . appointed by the council and assembly . . and commissioned by the governor . . (New Jersey Constitution of 1776, Article XII). The maintenance of those records was perceived as a supplemental "judicial" function under the Constitution since the clerk of the county served first as clerk to the court and then as clerk to the citizens. A fundamental problem with the Constitution of 1776 was that the three branches of government, executive (governor), legislative (council), and judicial, were not three equal branches in power and standing. Ultimately under that Constitution all decisions of the judiciary, and all actions of employees of the judiciary (clerks) were subject to review by the Governor and Council. Thus, court orders could be overturned, ignored, or enforcement of the orders refused by "politicians". Through long legal wrangling this situation was resolved in the New Jersey Constitution of 1844. There, all three branches, executive, legislative and judicial, were made equal, the right of final appeal from the New Jersey '"Supreme Court" went to the U. S. Supreme Court and not to the Governor and Privy Council. But most importantly, the clerks were removed from the control of the executive and judiciary, had their powers conferred upon them by the voters of the State of New Jersey, were made constitutional officers, and served for fixed terms. The Constitution of 1844 provided, in paragraph 5, that Clerks and surrogates of counties shall be elected by the people of their respective counties, at the annual elections for members of the general assembly. They shall hold their offices for five years. By 1848, the clerk is recognized as a constitutional officer, is responsible through prior statutes for the recordation and filing of documents affecting real property, and maintaining their prior "judicial" and civil functions in their constitutional office. The position of clerk was transferred from the section of the Constitution dealing with judiciary in 1796 to the section of the Constitution dealing with "civil officers" in the Constitution of 1844. In 1904 the provisions of N.J.S.A. 40:39-2 were adopted which gave a county the option of creating a non-constitutional office of legislative creation called the Office of the Register of Deeds and Mortgages if the county had a population exceeding 185,000. By amendment to this statute, it was subsequently increased to a minimum population of 250,000. The counties of Essex, Hudson, and Passaic now have an Office of the Register of Deeds and Mortgages. Thus, a constitutional power was transferred to a non-constitutional office without a constitutional amendment. In one of the few decisions on the recording of deeds, Freeholders of Middlesex v. Conger, 67 N.J.L. 444, 447 (N.J. Sup. Ct. 1902), its stated that: . . . Our first act which provided a system for recording deeds was the act respecting conveyances of June 7th, 1799, section 10 of which provided for recording deeds, properly acknowledged, with the secretary of state, and the act also provided that the clerk of the Court of Common Pleas of the county shall record in large, well-bound books, of good paper, to be provided for that purpose, and carefully preserved, all deeds and conveyances of lands Iying and being in said county which should be delivered to him to be recorded. To which books every person shall have access at proper seasons and be entitled to transcripts from the same on paying the fees allowed by law. In Freeholders of Middlesex, the County Board of Freeholders sought to take custody of the real property records of the county and take them away from the clerk. The court found, that: The duties of the clerks of counties are defined by the constitution, and they are, in addition to being clerks of the Courts of Common Pleas and Quarter Sessions, to perform the duties and be subject to the regulations now required of them by law, until otherwise ordained by the legislature. Const, art. 10, par. 11. The rights and duties of clerks of counties are therefore fixed by the constitution of 1844 as they then existed by law, and are so to continue until otherwise ordained by the legislature. (Freeholders of Middlesex, supra, at 446) As the Court stated: The Act of 1846 had made no change in the duties or powers of the clerk which existed prior to 1844, and, by the express provision of the constitution above cited, there being no change in the law, whatever rights the clerk then had or whatever duties were then required, still exist, unless they have been changed in some way by the revision of the act respecting conveyances in 1898. A careful examination of that act fails to disclose any change in the control of the clerk over the records of deeds and mortgages. ld at 447. The Court found that the administration of the existing property records and recording of deeds was constitutionally conferred by the people on the clerks and beyond the control of the freeholders. The long historical role of the Clerks, as constitutional officers, performing what is now a statutory function in recording documents of title, establishes an area of expertise and unique function. Probate Records - As in New York, the county court with jurisdiction over estates is called the surrogate's court (where the modern petition for probate is called the "complaint"). A typical "Surrogate's General Index," however, refers to docket books, where a summary of the action on an estate is entered, with reference to the estate file and to the record volumes. Depending on the action, some information will be found in orphans' court records. Also with the county surrogate (and usually with the county clerk as well) are records of divisions or partitions of lands that include descriptions and often maps showing how the real property of a person who died intestate was divided among his or her heirs. These records have been published for the following counties: Essex (1793-1881), Middlesex (1780-1870), Morris (1785-1907), Somerset and Hunterdon (1809-1904), Sussex (1789-1918), and Warren (1824-1924). In New Jersey, original wills and inventories up to 1901 are on file at the New Jersey State Archives and are identified through Index of Wills, Inventories, Etc. This set is arranged by county and then alphabetically by name of the estate, with separate sections for wills proved in the prerogative court (precurser to the surrogate's courts) and unrecorded wills. Each estate has a number that relates to the file at the state archives, where these records can be examined on microfilm. Note that this index does not cover estate records in the county surrogates' courts. From 1901, original wills and inventories are filed with the Clerk of the Superior Court, Hughes Justice Complex, CN-971, Trenton, NJ 08625-0971. By a law of 1784, orphans' courts were established with jurisdiction over estate matters, which until that time had been the responsibility of the prerogative court (the prerogative became an appellate court). Surrogate's courts were established in 1804, but action on estates should also be checked in orphans' court records. Prior to 1804, estates were handled in the proprietary capitals of Perth Amboy, East Jersey, and Burlington, West Jersey, but the records were sent to Trenton after it became the capital in 1790. If an estate is not found in the indexes mentioned above, there still may be some record of it at the county level. The recorded wills and inventories, as well as the original and recorded bonds, accounts, guardianships, and other estate papers, will be found in the surrogate's court. Many of these county records have been filmed and are available at the state archives. Some colonial New Jersey estates may not be found either in Trenton or in the counties because they were proved in New York, Pennsylvania, or Delaware, and conversely some estates for these adjacent colonies were proved in New Jersey. History of the Surrogate's Court Office The British Governor of the colony of New Jersey had the responsibility for probating all wills and establishing the administration of all estates in the colony. In 1683 and 1698, statutes were enacted which required wills and letters of administration to be entered in the colony's public register. By the year 1693, the Governor of the colony of New Jersey had appointed the first "Surrogate" for East New Jersey as the Governor's appointed deputy. In 1713, wills were required to be proved and entered in one book of records and registered. (The Bergen County Surrogate's Court currently stores and maintains wills dating back to 1714). When East and West New Jersey were combined in 1720, the Governor appointed the first Surrogate covering the entire colony of New Jersey. From 1720 through 1767, the colony was serviced by a number of Deputy Surrogates appointed by the Surrogate. For several of those years, Bergen County was served by more than one Surrogate at a time. In 1767, the Governor appointed one Surrogate for all of Bergen County. In 1822, the laws in New Jersey were amended, granting the state legislature the power to appoint the County Surrogate. However, in 1844, the New Jersey Constitution prescribed that the Surrogate was to be an elected, independent constitutional officer in the county, no longer to be regarded as a deputy of the Governor or the appointee of the legislature. The Constitution of 1844 provided that the Surrogate was to be elected for a five-year term by the people of that county. New York Naturalization: County naturalization records are kept by the county clerk. U.S. court records are in federal buildings in Buffalo and Albany, with most downstate records to the 1940s or 1950s at the National Archives-Northeast Region. At the latter is a microfilm of a WPA-created card index, arranged by Soundex, for all naturalizations (but not declarations of intention) performed in all courts in all five New York City boroughs, 1792-1906, together with dexigraphs (photostats) of the original records. Until the late 1800s and early 1900s, these records provide little information; upstate records up to the mid-1800s are generally more informative.
Court Records - The county clerk is the keeper of most civil and criminal trial court records, naturalizations, marriages (1908-35), censuses (county copies of the federal census and the state censuses), as well as deeds and mortgages. Estate matters are recorded with the clerk of the county surrogate court , but before 1847 cases involving property of minor heirs and incompetents were often heard in the Court of Chancery. Unpublished material, excluding that for the five counties of New York City, is at the New York State Archives. Probate Records - Most of New York's probate records are maintained by the Surrogate's Court, which was established in each county in 1787. However, the New York State Archives holds two large groups of probate records: wills, inventories, and other documents recorded, filed, or maintained by the colonial Prerogative Court, 1686-1783, and its successor, the State Court of Probates, 1778-1823; and wills from the New York County Surrogate's Court, 1787-1879. The Archives also has small groups of wills probated by the higher State courts prior to 1847; and out-of-state wills filed in the Secretary of State's office, 1823-1966. Probate records in the State Archives are a rich source of genealogical and historical data. The records contain information on the property of decedents, the relationships of heirs, controversies over wills, and the settlement of estates. Of special interest for social history are the many wills made by women; wills bequeathing or manumitting slaves; and wills and estate inventories listing personal property such as clothing, furniture, and tools. Prerogative Court (1686-1783); Court of Probates (1778-1823) Between 1665 and 1686 wills were usually proved (determined to be authentic), and administration granted in a local court of sessions or the mayor's court in New York City, or by the governor. After 1686 the royal governor possessed final jurisdiction in probate matters. The provincial secretary or his deputy served as the governor's delegate or "surrogate" and presided over what was called the Prerogative Court. After 1670 wills and grants of administration were required to be recorded in the secretary's office. A 1692 act exempted from this requirement wills for estates valued at less than £50, and located in counties "remote" from New York City. All wills from New York, Kings, Richmond, Westchester, and (until 1750) Orange County were to be recorded in New York City. Starting in the early eighteenth century a deputy surrogate was appointed in each county to perform routine duties in relation to settling estates. The Prerogative Court continued to operate in British-occupied New York City, Long Island and Staten Island during the Revolutionary War. In 1778 the State Legislature established a Court of Probates, which assumed most of the colonial governor's powers in probate matters. A 1787 statute established a Surrogate's Court in each county. The Court of Probates' jurisdiction was limited to hearing appeals from the Surrogate's Courts; supervising estates of New York residents who died out of state, and of non- residents who died within the state; and issuing certain types of orders. The Court of Probates was abolished in 1823, and its remaining jurisdiction was given to the Surrogate's Court. Between 1823 and 1847 appeals from the Surrogate's Court went to the Court of Chancery. Since 1847 appeals from orders and decrees of the Surrogate's Court have gone to the Supreme Court. The pre-1787 records of the former Prerogative Court and the Court of Probates were divided in 1802: original wills and other filed papers relating to the "Southern District" (New York, Kings, Queens, Suffolk, Richmond, and Westchester Counties) and all record books were transferred from Albany to the New York County Surrogate's Court. (The records sent to New York City included series J0038-92 and J0043-92, described in this leaflet.) Other filed papers of the Court of Probates remained in Albany. After the court was abolished, the Albany records passed into custody of the Secretary of State (1823-29), the Court of Chancery (1829-47), and the Court of Appeals (1847+). These records were placed on deposit at the Historical Documents Collection, Queens College, CUNY, in 1973, and transferred to the State Archives in 1982 and 1985. Surrogate's Court (1787+) (New York County) Certain New York County Surrogate's Court records were located at the Historical Documents Collection, Queens College, CUNY, between the mid-1960s and the late '80s, and after that at Queens Borough Public Library. Inventories and accounts for 1783-1844 were transferred to the New York City Municipal Archives in 1990. Recorded and original wills (series J1038-92 and J1043-92, below) were transferred to the State Archives in 1992. Supreme Court of Judicature Between 1786 and 1829 the Supreme Court and the county courts of common pleas shared with the Surrogate's Courts the power to prove and record wills devising real property, and also wills whose witnesses were unable to appear in court. In addition, between 1801 and 1829 the Supreme Court had the exclusive power to prove and record wills devising real property located in several counties. (Wills proved in the courts of common pleas were recorded by the county clerks. The record of wills proved in the Supreme Court at New York City, 1787- 1829, is in custody of the New York County Clerk's Office.) After a will was proved and recorded in the Supreme Court or a court of common pleas, the Surrogate's Court supervised the administration and disposition of the estate. Estate records have been handled in New York in the surrogate's court since 1787 when a system of county surrogate's courts was established. Prior to that time most estates were handled in New York City, the capital until 1797. Abstracts of most of the earlier records are found in Abstracts of Wills on File in the Surrogate's Office, County of New York, 1665-1800, in volumes 25-41 of the New-York Historical Society Collections (New York, 1892-1909), usually referred to as "New York Wills,". These includes letters of administration, but contains errors. Many original wills are available on microfilm at the New York Genealogical and Biographical Society. Before 1787, some wills were recorded in the counties and occasionally in town records. Better abstracts of the Westchester County wills are found in Pelletreau's Abstracts of Wills on File. Other early New York wills have been published in The New York Genealogical and Biographical Record, such as those for Kings County mostly from deeds, 1684-1719, in volume 47; Queens County wills from deeds, 1683-1744, in volume 65; Dutchess County wills in volume 61; and Westchester County wills in volume 55. For the period 1688-90, New York was part of the Dominion of New England, and during that time estates valued at over £50 were to be probated in Boston. Seventeen wills of New York residents were brought to Boston, and abstracts of these are found in volumes 12 and 13 of The American Genealogist. Beginning in 1830, a New York law required that the petition for probate include a list of each legal heir-whether or not there was a will, and whether or not he or she was named in the will-his or her relationship to the deceased, and his or her residence. This is often the single most important document in an estate file, but it is not generally found in the record books until modern times. A New York law permits clerks of the surrogate court to impose a stiff fee to search for an estate over twenty-five years old (Surrogate's Procedure Act Section 2402, item 14), and the cost of copies of the documents can be extra. Some indexes to wills, administrations, and guardianships, and some abstracts of these records for many counties can be found in the New York State Library, the New York Public Library, the New York Genealogical and Biographical Society, and in other libraries. The indexes and abstracts serve as guides only and should be verified in the original record books and files. Abstracts of New York state wills to about 1830 with an all-name index by W. A. D. Eardeley at the Brooklyn Historical Society are also helpful. Abstracts of wills and letters of administration and guardianship have been published in such journals as Tree Talks, and The New York Genealogical and Biographical Record. North Carolina Research in North Carolina county records can begin with the microfilmed North Carolina material at a central collection, such as the North Carolina State Archives, Allen County Public Library , the FHL, or other repositories with the North Carolina Core Collection. However, county seats still may hold additional material, including original deed and will books. When counties were formed in North Carolina, many county clerks copied appropriate records from the parent county. In other cases, records pertaining to the land and families of the new county were transferred wholesale. Most counties therefore have some records that pre-date the formation of the county. The register of deeds at the county seat holds land and vital records, the clerk of the superior court holds probate records and court records if they have not been transferred to the state archives in Raleigh. Land records may include deeds, grants, plats, and other miscellaneous items. Probate records include not only wills, but also loose estates records, most of which have not been microfilmed. Court records may include apprentice bonds, bastardy bonds, and officials' or constables' bonds in addition to dockets, fee and account books, and court minutes and orders. The beginning dates do not imply that all records are extant since some of North Carolina's county records have been lost due to fire and other causes.
Probate Records - Probate records are generally of two types: wills and estate records. Estate records include both recorded and “loose” documents relating to a decedent's estate, such as inventories, divisions of estates, sales of real or personal property, and other documents. Some of this material is recorded in bound books under various titles. Although bound books generally remain in the county, many have been microfilmed and are available at the North Carolina State Archives and the FHL. However, for each county there may be surviving original wills and loose estate papers which have been transferred to the North Carolina State Archives. They are filed by county alphabetically by the surname of the decedent, and may be examined in the Search Room of the archives. North Carolina early wills were filed with the secretary of state prior to 1760. For summarized abstracts, see J. B. Grimes, Abstracts of North Carolina Wills 1663 - 1760 After 1760 wills were recorded in North Carolina counties, with the county court assuming the jurisdiction over probate matters from 1760 to 1868. After 1868, probate jurisdiction was transferred to the clerk of the superior court in each county. Some early probate records can be obtained from the clerk of the superior court in individual counties; however, pre-1868 original records have been sent to the North Carolina State Archives for preservation and copies of all records are available there. The FHL also has an extensive collection of wills and other probate records on microfilm. Thornton W. Mitchell, North Carolina Wills: A Testator Index, 1665-1900 Corrected and revised edition
Ohio Before 1698, probates were handled by the general court or the secretary of the colony and the particular courts. When the four counties were created, the probate jurisdiction paralleled that of the county, but by 1719 the four original districts started to divide. Each present probate district has a genealogy of its own. A Checklist of Probate Records in the Ohio State Library delineates the lines of descent for each present district. As with all probate records, not only the court record books themselves (clerk's transcripts of probate proceedings), but the estate papers or files (original wills, receipts, affidavits, etc.) contain essential genealogical information. The record books remain in the probate clerk's office with microfilm copies to about 1915 in the Ohio State Library and the FHL. The exception is New Haven, whose original record books are at the Ohio State Library instead of the probate clerk's office. Many of the district estate papers or files to 1900 (some later) have been deposited in the Ohio State Library. Packets of these original documents have been microfilmed to 1880 and are available on microfilm at both the Ohio State Library and the FHL. Photocopies of original files are no longer permitted because of their fragile condition. There is a state-wide index of these probate packets at the Ohio State Library. Probate Records - From the time of the Northwest Ordinance in 1787 until 1802, three judges held courts in Ohio Territory, but the records are scarce. In 1804, a year after statehood, the territory was organized as one district court at Chillicothe. Considerable reorganization, divisions, and transfers later occurred in the system. Many Ohio records are found in county court records not intended for that particular purpose. Vital records, naturalizations (in probate court after 1851), and military pension applications are examples of items possibly found in the county court of common pleas located at the county seat until 1851 and later in the state supreme court files. Land records, deeds, and miscellaneous volumes can at times include records of court proceedings. Some court records may be deposited at the Ohio Network of American History Research Centers. The court of common pleas was responsible for probate and estate records beginning in 1797. Since 1851 probate functions have been under the jurisdiction of the probate court. Indexes are available in each probate office. Some probate records are on microfilm at the Ohio Historical Society and the FHL. The county probate court holds guardianship, name changes, insanity proceedings, naturalization, marriage records from the beginning of the county, and birth and death records 1867-1908. Adoptions in Ohio are processed through the probate court. Access to adoption records is restricted. For those prior to 1939, the probate court must be petitioned. From 1 January 1939 to 1 January 1964, adopted persons or their lineal descendants can obtain information from the Supervisor of Special Records in the State Department of Health in Columbus. Indexes are available in each probate office, while some records are accessible on microfilm at the Ohio Historical Society and the FHL.. An index is in progress for 1851-1900 Ohio wills. A county records manager, or similar office, has been created in some Ohio counties. This office may hold records generated by chancery courts, petition to partition land to settle an estate, probate journals, and probate case files. The term "probate" comes from the Latin word probatio, meaning, "to prove," wherein matters in early English religious courts were proven before an ecclesiastical judge. Early American probate courts may be traced back to English courts of chancery and ecclesiastical, or religious, courts, which had jurisdiction over the probate of wills, administration of estates and guardianships. The first probate court in the United States was established in Massachusetts in 1784. Similar courts were subsequently established in other states under the name of surrogate, orphan courts, or courts of the ordinary. The Northwest Ordinance of 1787 provided for the first probate judge and court in the Ohio territory. Under the first Ohio Constitution written in 1802, the court of common pleas had exclusive jurisdiction of probate matters. The constitution of 1851 removed probate matters from the jurisdiction of common pleas courts and created in each county a separate probate court. Subsequent amendments to the constitution in 1912, 1951, 1968, 1973 and changes in the codified law in 1932 and 1976 have made the probate court what it is today: a special division of the court of common pleas. Each of Ohio’s 88 counties has a probate division of its court of common pleas. Oklahoma Between 1890–95, federal law divided Indian Territory into the three judicial districts of South McAlester (Choctaw Nation), Ardmore (Chickasaw and Seminole nations), and Muskogee (Cherokee and Creek nations and the Quapaw Agency). Judges from these three jurisdictions heard all appellate cases including those from Ft. Smith, Paris, and Ft. Scott. Until 1898, tribal courts continued hearing cases in which both parties were Native Americans. Thereafter, all persons, no matter their race, in Indian Territory were subject to federal laws and the laws of Arkansas. In 1883 Congress changed the jurisdiction for the northern half of the western section of Indian Territory to that of the U.S. District Court of Kansas. The U.S. District Court, Northern District of Texas, was authorized to extend its jurisdiction to the southern half of the western part of Indian Territory. During the first few years, a district court in Oklahoma Territory frequently served more than one county. Most original, pre-statehood, district court records are in the National Archives-Southwest Region. Some are on microfilm at the Oklahoma Historical Society, Archives and Manuscripts Division. Civil and criminal court records after statehood are available from the clerk of the court for the respective county. They maintain records such as proceedings, dockets, cases, and indexes to civil court matters. Jurisdiction may include probate, felony, civil, divorce, adoption, naturalization, small claims, licenses, juvenile, notary, minister's credentials, traffic, and misdemeanor cases. The appellate courts for Oklahoma are the state supreme court, court of appeals, and the court of criminal appeals. Some early court records may include non-court related records. A volume stored in the basement of the Logan County courthouse contains the first court minutes, but the frontispiece lists a few marriages that occurred during that period. Probate Records - Probate records filed with the various tribal governments and Indian Agencies for the Five Civilized Tribes and some other Native American tribes in Oklahoma are maintained by the Oklahoma Historical Society. Other tribes' records are in the National Archives-Southwest Region. Territorial probate records were processed and filed under the jurisdiction of the U.S. district court. Most original federal district court probate records are also in the National Archives-Southwest Region, although the Oklahoma Historical Society has some federal district court probate records on microfilm. Some probate packets for the northern section of Cherokee Territory were filed in the U.S. district court. These are indexed and identified in the following volume:
Since statehood, the respective county clerk of the court has maintained probate records. County probate records may include some wills recorded during the territorial period. Oregon - Pennsylvania Colonial Naturalizations Pennsylvania Supreme Court Naturalizations
To conduct a naturalization search:
Court Records - The prothonotary has been the clerk of court of common pleas since 1707. Court records here include divorces, naturalizations, peddlers' licenses, registration of attorneys, oaths of county officers, equity, sheriff's sales, juror lists, some tax records, and some civil court records. Other court records are with the clerk of courts. Courts of Common Pleas are Pennsylvania's courts of general trial jurisdiction. They have existed in Pennsylvania at least since the Constitution of 1776, under which they were given constitutional status. Prior to the Commonwealth's Constitution of 1968 there existed in addition to Courts of Common Pleas -- Courts of Oyer and Terminer and General Jail Delivery, Quarter Sessions of the Peace and Orphans' Courts. The new constitution abolished these latter separate courts and incorporated them into existing Common Pleas Courts. Courts In Pennsylvania
History of Pennsylvania's Courts Pennsylvania's judiciary began as a disparate collection of courts, some inherited from the reign of the Duke of York and some established by William Penn. They were mostly local, mostly part time, and mostly under control of the governor. All of them were run by non-lawyers. And although the Provincial Appellate Court was established in 1684, no court could be called the court of final appeal. Final appeals had to be taken to England. Several attempts were made in the early years of the eighteenth century to establish a court of final appeal in Pennsylvania and to further improve and unify the colony's judicial system, but because the crown had final veto power over all colonial legislation, these attempts proved futile. Finally, in 1727 the crown sanctioned a bill that had been passed five years earlier. The Judiciary Act of 1722 was the colony's first judicial bill with far-reaching impact. It established the Pennsylvania Supreme Court, providing for a chief justice and two justices who would sit twice yearly in Philadelphia and ride the circuit at other times; and it created the Court of Common Pleas in Philadelphia, Bucks and Chester counties. The court system in Pennsylvania did not change again until the Pennsylvania Constitution of 1776. By establishing the Courts of Sessions, Courts of Common Pleas and Orphans' Courts in each county, the constitution allowed Pennsylvania to see the beginning of a statewide framework for the development of its judicial system. A new constitution in 1790 encouraged further development in the Commonwealth's judicial system by grouping counties into judicial districts and placing president judges at the heads of the districts' Common Pleas Courts. This was meant to ease the Supreme Court's rapidly increasing workload. Constitutional changes in 1838 and 1874 and a constitutional amendment in 1850 made changes in the jurisdiction, tenure, and election or appointment of members of the judiciary. In 1895 the General Assembly created the Superior Court to further ease the work of the Supreme Court, giving each appellate court separate jurisdictions. The Constitution of 1968 initiated the most sweeping changes in Pennsylvania's judiciary in nearly a century, creating the Commonwealth Court to reduce the workload of the Superior and Supreme courts by hearing cases brought against and by the Commonwealth; substantially altering the minor court system; and reorganizing the judiciary into the Unified Judicial System, consisting of the Supreme, Superior and Commonwealth courts; Common Pleas Courts; Philadelphia Municipal Court; Pittsburgh Magistrates Court; Philadelphia Traffic Court; and district justice courts, with provisions for any future courts the law might establish. Both judicially and administratively, the Supreme Court is, by constitutional definition, Pennsylvania's highest court. In matters of law, it is the Commonwealth's court of last resort. In matters of administration, the Supreme Court is responsible for maintaining a single, integrated judicial system and thus has supervisory authority over all other state courts. In 1980, the legislature approved a decrease in the Supreme Court's mandated jurisdiction by expanding that of the Superior Court. Consequently, the Pennsylvania Supreme Court, like the United States Supreme Court, can now exercise discretion in accepting or rejecting most appeals, allowing it to devote greater attention to cases of far-reaching impact, as well as to its constitutional obligation to administer the entire judicial system. Probate Records - The Pennsylvania General Assembly passed an act in 1682 which required the recording of wills and letters of administration. The first place to seek a will or other type of estate record in the Keystone State is with the county register of wills. Here there will be files of original papers pertaining to an estate as well as the record books in which were copied wills, letters of administration, inventories, accounts, and so forth. In some counties the original papers may be arranged by type of document—will, bond, or account—and thereunder by date of filing. Most filming of estate records has concentrated on will books, but the files must not be passed up even where there is a will. The clerk of the orphans' court in each county (who is often the register of wills and in smaller counties the recorder of deeds as well) is responsible for keeping such records that concern the division of estates, guardians of minor children, and so forth. matters. Indexes to records in both the register of wills and clerk of the orphans' court offices should both be checked, as often there will be action on an estate in both places. Most county indexes will lead to a docket book which in turn will summarize the existing documents and record book entries. Besides the availability of many Pennsylvania estate records on microfilm and some in abstract form in periodicals such as Publications of the Genealogical Society of Pennsylvania, Your Family Tree, and the Western Pennsylvania Genealogical Society Quarterly, or in separate publications, published indexes for many counties are widely available, usually up to about 1900. Some of these indexes cover both wills and letters of administration and provide the year of the first action on the estate, the volume and page for the will or letters of administration, and the file number of the original papers, if a number has been assigned. Rhode Island U.S. Customs Service passenger records for the ports of Providence (1820-67), Newport (1820-57), and Bristol and Warren (1820-71) are included in NARA microfilm publication M575 and are held regionally at the National Archives-New England Region. Index to Passengers Arriving at Providence, R.I., June 18, 1911-October 5, 1954 (NARA microfilm publication T518) as well as the passenger lists to 1943 are available on microfilm at the National Archives. Naturalizations granted (1842-1904) by the Federal District Court at Providence are included in the soundex cards for all of New England (1790-1906) held at the National Archives-New England Region. Since naturalizations were also granted by other courts, both at the county and state level, they can be hard to find. Court records previously at the Providence College Library have been moved to the superior court at the Rhode Island Superior Court Judicial Records Center, 1 Hill Street, Pawtucket, Rhode Island 02860. Both the Records Center and the State Archives have a personal name index to these records from 1793-1900 on microfilm. Court Records - Courts kept the only countywide records in Rhode Island, and that has been the case since the inception of counties in 1729. Previous to that the general court of trials existed for the entire state along with several lower courts. All the colonial court records from colonial and state courts from 1645-1900 are located at the Rhode Island Superior Court Judicial Records Center, 1 Hill Street, Pawtucket, Rhode Island 02860. Beginning in 1729 with the formation of counties, a superior court of judicature (criminal) and inferior court of common pleas (civil) as well as a supreme court were established, similar to those in Massachusetts. Debts, divorces, and trespass claims are found within the court records for each county. Probate Records - Unlike any other state in New England, from colonial times probate functions have been organized by town, not county or separate probate district. The town council, in addition to its normal function, handled probate matters in Rhode Island. Wills were accepted and challenged, executors authorized, administrators appointed, inventories ordered, and estates distributed, although the town council book, probate book, or will book differed from town to town. It was not until much later that a certain uniformity began to take hold in the recording procedures, dividing town functions into separate books instead of locating them on whatever blank parchment space was available in the office or home of a council member. South Carolina Most courts in America are courts of record, that is, they are required by law to keep a record of their proceedings; South Carolina's courts are no exception. Understanding South Carolina's court system is challenging, but a researcher needs a basic understanding of the courts because their records are useful in genealogy.
Probate Records - The forerunner to the Probate Court was the Court of the Ordinary. The founding of the Colony in 1670 led to the creation of the original Probate Court. In the court´s early days, the Royal Governors or their secretaries were the only Ordinaries in the province. Beginning in 1778, the S.C. Commons House of Assembly was to appoint Ordinaries for each of the province´s seven court districts. However, appointments did not occur until 1782, due to the presence of British forces in South Carolina. When the last Royal Governor fled after the adoption of the Federal Constitution on June 21, 1788, the General Assembly appointed an Ordinary to fulfill the duties of the office. In 1787, duties of the District Ordinaries transferred to county courts. Within a year of the abolishing of County courts in 1799, the S.C. General Assembly created 24 circuit court districts and appointed Ordinaries in 1815. The S.C. Constitution of 1868 replaced the Court of the Ordinary with the Probate Court. Changes to the S.C. Constitution in 1895 required the Probate Court to be dependent on the General Assembly for funding and legal procedures. Probate records include wills, inventories, guardianship papers, estate papers, settlements, newspaper announcements, and numerous other documents. Researchers should be familiar with four terms: testate, intestate, primogeniture, and dower —all have importance in South Carolina research. Tennessee Court records for Tennessee can be difficult to use. Indexes are seldom, if ever, complete. Names may be indexed under various letters of the alphabet, but not necessarily by the individual's name. A for adoptions or I for “in regards to” are examples. Mortgaged estates may be indexed under the name of the bank holding the lien or mortgage, such as B for Bank of Commerce. Records may be indexed by other than surname, for example, C for commissioners/commission, J for jury, and W for will. In cases where property is sold by the sheriff, records can be found under S for sheriff, who was ordered by the court to sell the property to settle the estate or for back taxes. S for state may indicate records in which the state was a party, such as state land grants recorded in court records. Tennessee court records can be complicated to use because there were various courts in which activities could be recorded. Some larger counties have superior courts of law and equity that hear minor civil and equity cases. Probate records normally were under the jurisdiction of the county court, but if the case was contested, then it could be filed in chancery or circuit court. Chancery courts have jurisdiction over property disputes, and circuit courts oversee criminal cases, divorces, and adoptions. Early courts included courts of common pleas and quarter sessions. Original court records, including minute and order books, boxes of loose papers, case files, and folders, are maintained by the county. Each source should be thoroughly examined for pertinent entries. Many of these were microfilmed and are available at the Tennessee State Library and Archives and through the FHL. Under the WPA, approximately 1,000 typed volumes of county records were transcribed for most counties in Tennessee. These are microfilmed and available on interlibrary loan from the Tennessee State Library and Archives. There is a card index inventory to this compilation arranged by county. Court records included in this collection are wills; county, chancery, and circuit court minutes; and estate settlements. The county court maintains jurisdiction over probate cases. Wills, administrations, and all other records pertaining to probate are recorded in the respective county clerk's office. If the will or administration was contested, the records of these actions may be filed in the circuit court or chancery court. Shelby and Davidson counties have separate probate courts. Projects to preserve and microfilm probate files, or loose papers, were started in Franklin County in 1979 and in Shelby County in 1981. Microfilm copies are at the Tennessee State Library and Archives. Other counties are following this fine example of record preservation. County courts also hear guardianship and minor civil and criminal cases. Court records date from the organization of the county except in cases where records have been destroyed. "
Probate Records - The county court maintains jurisdiction over probate cases. Wills, administrations, and all other records pertaining to probate are recorded in the respective county clerk's office. If the will or administration was contested, the records of these actions may be filed in the circuit court or chancery court. Shelby and Davidson counties have separate probate courts. Many early court records and lists of wills were transcribed by the WPA. Copies of these are usually in the county clerk's office and in the Tennessee State Library and Archives. Most records have been microfilmed and are available through the FHL. Projects to preserve and microfilm probate files, or loose papers, were started in Franklin County in 1979 and in Shelby County in 1981. Microfilm copies are at the Tennessee State Library and Archives. Other counties are following this fine example of record preservation. County courts also hear guardianship and minor civil and criminal cases. Court records date from the organization of the county except in cases where records have been destroyed. Texas Probate Records - Probate proceedings in Texas are under the jurisdiction of the respective county court clerk except in more largely populated counties where probate courts may fill that function instead. Wills, court orders, letters of administration, inventories, sales, accounts, guardianship, and final accounts are all found in the probate minutes, though they may be filed separately. Probate appeals from either the county or probate court are heard by district courts. Between 1869-76, when the office of county clerk was temporarily abolished, some probate records were filed in District Court Civil Minutes or District Court Minutes. Utah - Vermont Naturalizations might have been applied for or obtained through either the county court or U.S. District Courts. The Public Records Division (See Land Records) holds microfilm copies of some naturalizations from 1836 to 1972. A complete WPA index, which includes Vermont, along with the rest of New England for 1790-1906, is held at the National Archives-New England Region Court Records - Historically, the major purpose of the county system in Vermont was the operation of the county courts, which recorded deeds for unorganized towns, levied county taxes, heard civil and criminal matters, and granted divorces and naturalizations. Before Vermont became independent (1777), New York and New Hampshire both claimed some county jurisdiction over Vermont land. For this reason, New York and New Hampshire records must be consulted even up to 1791. Beginning in 1777, each county had one county court which heard both civil and criminal matters. The state supreme court served an appellate function. In 1967 district courts were added, covering territorial units within the counties. District court jurisdiction is not exclusively over criminal cases; it may also hear some civil cases. In 1974, the county courts were renamed superior courts, with countywide jurisdiction over all matters previously entertained by the county courts and not covered by district courts. Beginning in 1990, the superior court functions involving family matters (divorce, child custody, etc.) were transferred to one statewide family court with divisions of that court operating in each of the counties. The Vermont Public Records Division now has microfilms of county court records for Bennington, Chittenden, and Windsor counties before 1825, with the only index available typed alphabetically by plaintiff for each book. The Division is continuing the microfilming of all the county court records and has completed Addison and Washington counties, although no comparable index exists for these. All of the originals will still be found in the county court offices, although using them is tedious work. Debts are the major subject of litigation in the courts. Probate Records - Probate Records were filed by probate district and not town, and probate districts do not strictly follow county lines. For Vermont's fourteen counties, there have been twenty probate districts. One of those districts, New Haven, disbanded in 1962. By percentage, few Vermonters who died in the state have probate records filed. Many people disposed of their holdings to one or more children in land transactions before death. Probate records are only indexed by district. Neither a statewide index nor district-wide abstracts exist. District offices have indexes filed by decedent only. Microfilm indexes are available at Vermont Public Records Division and the FHL. Unlike the land records, the Vermont Public Records Division has not extensively continued the microfilming program of probate records. With some exceptions, only the official probate proceedings books were microfilmed to about 1850. Much more information exists in the original probate files that are held in the district itself, along with the probate records after 1850. Virginia
Original court records are housed at The Library of Virginia; pre-1865 records are available on microfilm there and at the FHL. While it is always best to rely upon original documents for research, the condition of original court records varies considerably: some are still firmly bound and easy to read, some are faded and crumbling, some are torn or have missing pages, some have been restored through lamination, and many have been destroyed or lost. Because of these circumstances, printed transcripts can prove invaluable to the researcher who knows their limitations and uses them wisely.
Probate Records - [ Virginia Land, Marriage, and Probate Records, 1639-1850] The Common Law of England applied in the colony, as did the written laws of England. Two important principles were primogeniture and the right of dower. Primogeniture is the device by which estates, particularly land, were kept whole. Basically, the eldest son, by right of birth, inherited all real estate. The right of dower is an old Common Law principle. Women acquired a dower right in all of their husbands' real estate at marriage. At his death, the widow had the right to a portion of the real estate for the remainder of her natural life; the dower was generally one-third. Widows also had a dower right to their late husbands' personal property; once again, the dower was generally one-third but might be an equal division with all of the surviving children. In 1673 the House of Burgesses confirmed the right of dower. The widow received one-third of her late husband's personal property if there were one or two children; if there were three or more, she inherited equally with the children. She also inherited one-third of her late husband's real estate for life and could not be disinherited. Probates and administrations could be granted in three different places. English law specified that the Prerogative Court of Canterbury had probate jurisdiction in Virginia; Virginia law required probates and administrations to be granted in the Quarter or General Court; and after 1645, certificates of probate or administration could be granted in the county court. Wills, inventories, and appraisals were supposed to be recorded in both the county and the office of the Secretary of the Colony. The greatest source of probate records is the county. All aspects of probate proceedings were generally recorded in “will books.” Original will books are available at the county clerk's office or The Library of Virginia; moreover, most extant will books prior to 1865 have been microfilmed and are available at The Library of Virginia and the FHL. Many Virginia counties have “loose papers” or “chancery court records” on file in metal boxes at the clerk's office. These often contain additional information such as affidavits, powers of attorney, letters from individuals living outside the county, and receipts submitted to the court in the process of probating an estate. These records are filed chronologically, have not been filmed, and, in many instances, are in poor condition, but can be searched at the clerk's office. In addition to printed indexes, many early Virginia will books have been abstracted and published. The Library of Virginia and the FHL have large collections of these works, and many other libraries nationwide have some printed will abstracts Wills, inventories, appraisals, estate accounts, and divisions of estates were usually recorded in will books. In the seventeenth century, some counties kept records of all types in volumes called record books or great books. Examples of multi-purpose record books include Goochland County's deed books, which record both wills and deeds; Pittsylvania County's accounts current, which record inventories, appraisals, and estate accounts; and Norfolk County's appraisements and audits, which record both inventories and appraisals. Surviving will books for Virginia counties are usually indexed by the testator or decedent, but seldom by the legatee or heir. Consolidated indexes to probate records on microfilm are available for most localities. Clayton Torrence's Virginia Wills and Administrations, 1632-1800 indexes early wills, inventories, and administrations. A list of probate records omitted from Torrence's volume (along with corrections) is available. Researchers must be aware of the laws that caused a record to be created and how legal changes affect the records used. In October 1776, entail was abolished. On 1 January 1786, the English system of primogeniture ceased in Virginia. These two events affected the content of probate records. Under primogeniture, Virginia wills may not always name the wife or the eldest son of the testator. Their inheritance of real estate was set by law, the widow receiving her dower, or one-third, for her lifetime and the eldest son, as heir at law, receiving the remaining two-thirds unless otherwise specified in the father's will. After the Revolutionary War, when Virginia's general inheritance law took effect, all heirs of intestate estates inherited equally. Individuals with a written will died testate. After the death of an individual, his or her will was brought into court, where two of the subscribing witnesses swore that the document was genuine. After the will was proved, the executor was bonded to carry out his or her duties to settle the estate. The court then ordered the will to be recorded. The executors' bond was also filed with the court. If the witnesses to the will were dead or could not be located, the will was lodged. These lodged wills were not recorded, but were kept by the court and the estate was treated as an intestate estate. Individuals without a will died intestate. The court appointed an administrator who was bonded and issued an order to appraise the deceased's estate. The court usually appointed four appraisers, any three of whom might serve. They returned an inventory of the decedent's personal property to the court to be recorded. An appraisal listed the personal property and assigned a monetary value to each item. Accounts current are the statements of monies received by and paid out by the executor in settling an estate. Virginia did not require the filing of estate papers documenting each activity of the executor. The assumption was made that the executor settled the estate as directed by the will and by law, and no records were created if the work was done correctly. Consequently, Virginia has no estate packets or probate packets. If the executor did not act correctly, the offended party could bring suit in chancery. Such chancery suits often generate a detailed record of the disputed part of an estate's administration. West Virginia Probate Records - When western Virginia was a part of the Commonwealth of Virginia, estate records were produced by civil courts on the county level, such as county and circuit courts. Wills, administrations, guardianships, appraisals, and settlements are some of the records related to a person's estate or probate record. West Virginia continued in the same tradition by recording probate matters in the county courts. Most probate/estate matters were recorded in "will books." Original will books are available at the county clerk's office; however, most will books prior to 1968 have been microfilmed and are available at the Archives and History Library, West Virginia and Regional History Collection in Morgantown and the FHL. A number of early Virginia and later West Virginia will books have been abstracted and published. The Archives and History Library in Charleston, West Virginia and Regional History Collection in Morgantown, and the FHL have collections of these works, and many other libraries nationwide have some printed will abstracts. Wisconsin Beginning in the 1820s justices of the peace were appointed. Early records from Green Bay's justices of the peace can be found in the Grignon, Lawe, and Porlier Papers, 1712–1884, at the State Historical Society of Wisconsin. Lewis Cass, who had been appointed governor of Michigan Territory in 1813, began making county divisions and announcing civil offices in 1818. The justice courts dealt with minor civil cases of $20 or less. County courts covered civil cases not to exceed $1,000 and noncapital criminal cases. The supreme court, meeting annually in Detroit, had jurisdiction for larger civil cases, appeals from lower courts, and capital criminal cases. In the winter of 1822–23, a separate circuit court was established for the three western counties of Michigan Territory. The new court was, in effect, a supreme court. It was not given a title, however, and was generally called an “additional court.” Native Americans accused of crimes were not included in the jurisdiction of the court unless a white person was involved. When Wisconsin Territory was created in 1836 the judicial system included a supreme court, district courts, probate courts, and justice of the peace courts, which were retained when statehood was attained in 1848. There were territorial courts in Green Bay, Prairie du Chien, and Mineral Point. County Government in Wisconsin, Vol. 2 (Madison, Wis.: Wisconsin Historical Records Survey, 1942), explains the creation, structure, and function of courts in Wisconsin. Probate and related files can be found in the county courts, while criminal and civil cases are in the circuit courts. Old court records are generally still located in the county's courthouse. Probate Records - Probate records in Wisconsin include wills, guardianship, administrator or executor bonds, and inventories. They are the responsibility of the register of probate for the county. Records were usually established with the formation of the county. The FHL has microfilmed some Wisconsin probate files. Wyoming -
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(Conway, Ark.: Arkansas Research, 1987), was compiled in an attempt to save information from loose probate packets before the records deteriorate. 
(Jonesboro, Ark.: Vowels Printing Co., 1986), is arranged by county, with alphabetical lists within each county, but not statewide.
(10th rev. ed., Raleigh, N.C.: North Carolina Department of Archives and History, 1988). County formation information is derived from the above Guide, David Leroy Corbitt, 
(1950; 2d printing, Raleigh, N.C.: State Department of Archives and History, 1969); George K. Schweitzer, 
(Knoxville, Tenn.: the author, 1984); 
(reprint; Baltimore, Md.: Genealogical Publishing Co., 1967), and William Perry Johnson, “Grimes Wills: Major Additions and Corrections,” Journal of North Carolina Genealogy 11 (1965) and 12 (1966) and North Carolina Genealogy 13 (1967) and 14 (1968).
, 2 vols. (Raleigh, N.C.: the author, 1987), is a statewide index to all known wills probated during that period.
than can be done here. Although English common law is the basis for the court system in Texas, modifications are allowed as dictated by situations. These were usually changes based upon Spanish law which proved beneficial to settlers.
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