How to Find Probate Court Records

Probate records document what happens to a person's property after death, and, in most states, guardianships and conservatorships of people who cannot manage their own affairs. Because they involve inheritances, real estate, and family disputes, they are among the most searched court records, and, helpfully, among the most consistently public.

Which court handles probate

• Large counties in several states (Texas, for example) have statutory probate courts whose only business is estates, guardianships, and mental-health matters.
• Elsewhere, probate is a division of the general-jurisdiction court or the county court. Some states call it surrogate's court, orphans' court, or chancery court.
• Records are kept by the clerk of whichever court handles probate in that county, most often the county clerk.

Our state guides name the probate court and clerk for each state.

What is in a probate file

• The petition to open the estate, naming the decedent, heirs, and proposed executor.
• The will, if there is one, filed with the petition.
• Letters testamentary or letters of administration appointing the personal representative.
• The inventory and appraisement of estate assets, sometimes filed under seal.
• Claims by creditors and the court's rulings on them.
• Accountings and the final order closing the estate.

For guardianships: the application, medical evidence (usually sealed), the order appointing the guardian, annual reports, and the order ending the guardianship.

Searching probate records

1. Determine the county where the person lived at death. Property in other counties is usually handled in the home-county estate, though ancillary probates exist for out-of-state land.
2. Search the clerk's probate index by the decedent's name. Many portals list probate as a separate case type; others mix it with civil cases.
3. Note the case number and the type of proceeding (independent administration, dependent administration, muniment of title, small-estate affidavit). The type tells you how much paperwork to expect.
4. Order copies of the documents you need from the clerk.

Older estates may only be indexed in bound probate minute books at the courthouse, and very old files may have been transferred to a state archive.

Getting letters testamentary or a certified will

Banks, brokerages, title companies, and government agencies ask for certified copies of the letters, and sometimes of the will and the order admitting it to probate. Request them from the probate clerk with the case number. Letters are dated, and many institutions want a copy certified within the last 60 to 90 days, so order fresh ones when you need them rather than relying on old copies.

Guardianship and conservatorship

Guardianship files are indexed publicly in most states, but the medical reports, financial accountings, and details about the ward are typically restricted to the parties, the guardian, and the court. If you are checking whether someone is under guardianship (for example, before signing a contract with them), the clerk can usually confirm whether a guardianship exists and who the guardian is without releasing the sealed documents.

What will not be in the probate file

• Property that passed outside probate: joint accounts, beneficiary-designated accounts, life insurance, and assets in a living trust.
• Trust documents, which are private unless a trust dispute is litigated.
• Deeds transferring estate property, which are recorded in the county real-property records, not the court file.

Related guides

• Civil court records for will contests and other estate litigation filed as civil suits.
• Family court records for guardianships of minors handled in family court.
• Certified copies for the request process.

Reading a probate file

Probate files follow a predictable order, which makes them easy to skim once you know the sequence:

1. Petition to open the estate, naming the decedent, the date of death, the heirs, and who wants to be appointed.
2. Proof of death and, where there is a will, testimony or an affidavit establishing that the will is valid.
3. Order admitting the will and appointing the executor, followed by the letters themselves.
4. Notice to creditors, which starts the clock on the period for filing claims.
5. Inventory of assets, sometimes filed under seal.
6. Claims and the representative's allowance or rejection of each.
7. Accounting and the final order closing the estate and discharging the representative.

Dates matter as much as documents. The gap between death and the petition tells you whether the family acted promptly, and the creditor-notice date tells you whether a claim is still timely.

When there is no will

An estate opened without a will is an intestate administration. The court appoints an administrator, usually a spouse or adult child, and state law rather than a document decides who inherits. The file will contain a determination of heirship listing everyone entitled to a share. These are the probate records most often searched by genealogists, because the heirship determination names family members and their relationships.