When we think about genealogy research, we often focus on census and vital records. Then we may move into land records, city directories, and the like. But one of the most overlooked sources of information (and the one that can be the most intimidating) is court records. These documents can provide amazing details about our ancestors’ lives, revealing their financial status, family disputes, property ownership, and even criminal history.
In this “Learn With Me” blog post, I’ll walk you through an introductory look at how to use court records in your genealogy research, what you can expect to find, the different types of records available, and how to conduct onsite research at courthouses. And I’ll show you an amazing document from my family tree.
Why Court Records Matter
To get to know our ancestors (and not just their names, dates, and places), we must try and walk in their shoes. This includes getting to know the historical context of their everyday lives. What laws were in force at that time? What records were created?
Court records offer details that many other records don’t. While census records tell you where an ancestor lived (on a particular day every 10 years), and birth and death certificates provide vital information, court documents often include things like personal testimonies, relationships, and financial situations. If your ancestors had any legal dealings, you might uncover unexpected details about their lives, such as:
- Property ownership and land disputes
- Wills and probate records
- Guardianship cases
- Divorces and marital disputes
- Criminal and civil lawsuits
- Debt and bankruptcy filings
- Naturalization and citizenship applications
These records help fill in the gaps providing a fuller picture of your ancestor’s life story. While they weren’t created with us in mind, they make our genealogy research that much more exciting!
Types of Court Records
Each courthouse holds a variety of records, and understanding them can help you pinpoint exactly what you need. Here are some of the most valuable court records for genealogists:
1. Probate Records
Probate records include wills, estate inventories, guardianship documents, and so much more. These are invaluable for identifying heirs, learning about family wealth, and understanding an ancestor’s social standing. Even if your ancestor didn’t leave a will (they died intestate), estate settlements and probate case files probably still exist.
For more on probate records, read my blog post here.
2. Land and Property Records
Deeds, mortgages, and land disputes are recorded at the county or town level. These records not only confirm where your ancestors lived but can also provide information about their financial status and the people they interacted with, which can be useful for tracing extended family.
Land records are some of my favorites. Building your ancestor’s life includes the people who lived with and near them. If you’d like to find out more, follow the tips in my blog post: 8 Ways To Research Your Ancestor’s Neighborhood.
3. Civil and Criminal Court Cases
Court cases can uncover disputes, debts, and even arrests. Whether your ancestor sued someone over an unpaid debt or was involved in a criminal case, these documents can reveal compelling stories about their life and interactions with the community.
Don’t forget to look for these cases in the newspaper. Even the smallest dispute could have made in the local news.
4. Divorce Records
If you’re struggling to piece a family together, divorce records can provide important details, including names of spouses, children, and the reasons for separation. They may include affidavits and testimonies that give a rare look into personal relationships.
5. Guardianship Records
If a parent died or was unable to care for a child, guardianship records will name the legal guardian and may include personal details about the family’s circumstances. Guardianship papers don’t always apply just to minors. If a person was mentally handicapped a guardian could be appointed to look after that person’s affairs.
Here’s a document from Penobscot County, Maine naming Martha Mudgett as the guardian of her son, Levi Mudgett, who was mentally ill. Levi was 51 years old. This led me to a website that had actual patient notes from the hospital he was in providing a glimpse into his life.
6. Naturalization and Immigration Records
If your ancestors became U.S. citizens, they would have gone through the naturalization process. These court records can provide the exact immigration date, country of origin, and even the ship they arrived on.
How to Conduct Onsite Research at a Courthouse
While some court records are digitized and available online through websites like FamilySearch or Ancestry, you can find most in county courthouses. Here’s how to prepare for a successful visit:
1. Know Where to Go
Find out which courthouse holds the records you need. Local records are usually kept at the county courthouse, but state-level courts may have additional documents. Call ahead or check their website.
2. Understand What’s Available
Ask about the years covered by their records and if older files were relocated to a state archive or historical society. Some courthouses may have indexes, but you may need to search manually through records.
3. Be Prepared with Information
Before you visit, gather as much information as possible about your ancestor, including full name, approximate dates, and location. This will help you narrow your search and avoid wasting time. If possible, have the online index to work from. This may have the case file name or number which will make the search easier.
4. Follow Courthouse Rules
Every courthouse has different policies on viewing and copying documents. Some allow photography, while others require you to take notes or order copies. Bring cash or a checkbook, as some places don’t accept credit cards for copies. The courthouse website should help you prepare for your visit.
5. Ask for Help
Court clerks and archivists can be invaluable resources. Be polite and specific in your requests. Remember, however, they are NOT there to help with your genealogy research. They have their own job to do, so only ask when necessary.
Tips for Finding Court Records Online
If you can’t visit a courthouse in person, there are still ways to access court records online:
- FamilySearch (www.familysearch.org) – Offers digitized court records from various counties and states.
- Ancestry (www.ancestry.com) – Includes wills, probate records, and court case files.
- National Archives (www.archives.gov) – Holds federal court records, including naturalization documents.
- County and State Archives Websites – Many have searchable databases or scanned records available.
An Example from My Family
You’ll find court records in many different places. In Pennsylvania, there is the Court of Common Pleas and the Orphans’ Court, which is a division of the former. Matters before the Orphan’s Court are usually money-related with estates, trusts, guardianships, etc.
I was looking for records regarding my 3x great-grandfather, Emanuel G. Welty. I had already found all the census and vital records in his life and now wanted to know more about him.
I decided to try the FamilySearch Full-Text Search. If you haven’t heard of this before, check out my blog about it here. Four records emerged and they were all court-related records:
I started with the first document and WOW! This is from the Pennsylvania Orphans’ Court dated 22 December 1860. The gist of this document is that the wife of my 4x great-granduncle wrote a will that included inheritance distribution which was being questioned.
Veronica Tome Gable died in 1857 with a will. Elias Tome and Michael Gable were executors of her estate and this document details how they managed the funds and payments. The big question, however, was the legal interpretation of the term “children” in the will, concluding that grandchildren should be part of the distribution.
To be as thorough as possible, they named everyone – take a look:
There were several pages of these family lists including Emanuel Welty, the man I was looking for:
What an amazing find! All of these families are neatly organized and spelled out. Keep in mind this record applies to the wife of my 4x great-granduncle. This is a perfect example of why you have to research ALL family members. You never know where this kind of information can be found.
Finally
Court records can be a goldmine for genealogy research, offering information that no other document type can provide. Whether you’re looking for a will, a divorce record, or a property dispute, these records can fill in the gaps in your family history.
If you’ve never explored court records before, now is the time to start. You might uncover an ancestor’s untold story, a hidden family connection, or even a legal battle that shaped their life. Dive in and see what the past has to reveal!
Have you ever found an exciting family discovery in court records? Share your experience in the comments below!
Genealogy tip: Another example of court records is the court minutes. Most likely, these are unindexed. You’ll want to find the time and place your ancestor lived and read page-by-page about the goings on in their community.
Understanding the different kinds of records in genealogy research can be overwhelming. If I can help make it easier for you, give me a call. The first 30 minutes are free. Click below to get started.
