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Genealogy 101: Researching Court Records

Photo: a classroom at the De La Salle University in Manila, Philippines. Credit: Malate269; Wikimedia Commons.

Introduction: In this article, Gena Philibert-Ortega provides tips for researching court records and preparing to visit a courthouse to learn more about your ancestors. Gena is a genealogist and author of the book “From the Family Kitchen.

Courthouses hold treasures for the genealogist – but visiting one can be intimidating if you’ve never researched court records in person. It’s important to learn all you can about what the courthouse holds, the procedure for obtaining records, and costs involved. The following are some tips to consider as you think about researching your family history in court records.

What Records Do Courthouses Hold?

Like the description “church records,” the term “court records” is too general. Court records cover a vastly diverse set of records that document our ancestors from America’s early history. “Court records” can include “probate, naturalization, divorce, debt, adoption, guardianship, licenses, appointment to public offices, taxes, civil lawsuits, property disputes, and crimes.”*

What records can you find at a courthouse? Well, the short answer is, “it depends.” Why? Every courthouse is different and the records they hold depend on the location, type of courthouse, and what they retain onsite. In the California county where I live the Superior Court holds records like probates, civil, and criminal cases, but if you want a divorce record you have to take a walk across the street to the Family Court. Some records have been digitized and are available online while others must be ordered and retrieved by court staff. In a neighboring county, some older records from the early 20th century and prior can be found at the county archive.

The FamilySearch Family History Research Wiki page on United States Court Records states that there are three main types of court cases that involve records you may be interested in:

While court records are probably not the first records you should search when beginning a family history project, they are vital as you expand your search for your ancestor to probate records, wills, possible divorces and other cases.

Start Online

It probably won’t surprise you to learn that some records can be found online, either through a third-party website or from the courthouse itself. Always start your search using genealogy websites like FamilySearch. To find court records, see the FamilySearch Catalog and then conduct three Place searches: for the state, county, and town you’re researching. Subjects listed in the Catalog that have court records include Court Records and Probate Records.

Remember that court records may be held in places other than a courthouse. Depending on the type of records and court, you may find them archived at a regional branch of the National Archives and Records Administration (for federal court records), as well as state or county archives.

Don’t forget to also check the courthouse website. In some cases, you may find digitized records or even an index on the court’s website. It’s always best to ask another researcher or to email the court before visiting. You don’t want to visit a courthouse only to find out that records you need are stored offsite or require a search fee and a notification by mail.

Every court has difference rules/policies about records access. In some states, I’ve walked right into the courthouse and been allowed to research and copy whatever I need. In others, like where I live, the availability of records is limited to a paid search and waiting for a letter confirming that the records exist. Do your homework before you visit the courthouse to avoid disappointment.

Going to the Courthouse

If the courthouse does have the records you need, keep in mind a few things:

Don’t Forget Newspapers Published Court Records & Legal Notices

Don’t forget the importance of newspaper research in learning more about your ancestor’s legal dealings. Various types of articles might exist including schedules for court hearings, individual articles about court cases, and the legal notices found at the back of a newspaper serving notice to creditors, or those that are party to a court case. Search an online collection of newspapers such as GenealogyBank’s Historical Newspaper Archives.

Plain Dealer (Cleveland, Ohio), 13 February 1849, page 3

It was only after I found a legal notice about my ancestor in the newspapers that I was able to collect all of the relevant court records.

Tucson Daily Citizen (Tucson, Arizona), 15 November 1922, page 8

To Learn More

I recommend learning more about courthouse research by reading Genealogy at a Glance: Court Records Research and The Researcher’s Guide to American Genealogy.

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* “United States Court Records,” FamilySearch Family History Research Wiki (https://www.familysearch.org/wiki/en/United_States_Court_Records: accessed 19 February 2018).
** Ibid.

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