Materials
Go Prepared
- Identify what you know.
- Decide what you want to learn (e.g. names of spouse(s), children, brother, in-laws; wards; dates; locations).
- Select records to search (e.g. probate, land, birth, death).
- Identify where the records are available (e.g. online, courthouse, archives) and obtain a copy.
- Evaluate and use the information.
Online Resources
Terminology
You should familiarize yourself with the following terminology to prepare for court house research.
Probate
- Administrator A person (sometimes a family member) appointed by the court to administer the estate of a person who died without a will (i.e., a Personal Representative). (See also, general administrator, public administrator, and special administrator.) Administrator with will
- Annexed A person appointed by the court to administer the estate of a person who died with a will, but the will either fails to nominate an executor or the named executor is unable to serve.
- Codicil An amendment or supplement to an existing will. When admitted to probate, it forms a part of the will.
- Conservatee A person determined by the court to be unable to protect and manage their own personal care or financial affairs, or both. And, for whom the court has appointed a conservator.
- Conservator A person or organization appointed by the court to protect and manage the personal care or financial affairs, or both, of a Conservatee.
- Conservatorship A court proceeding to appoint a manager for the financial affairs or the personal care of one who is either physically or mentally unable to handle either or both.
- Decedent A person who has died.
Clerk of Courts
- Docket The official record of all documents filed by the parties or generated by the court in a case. The Clerk of Courts creates and keeps the docket for all cases, criminal and civil. Docket can also mean the daily schedule for court trials and hearings. A case that is set for a hearing is said to be “on the judge’s docket” for that day. The Assignment Office keeps the docket/schedule for the Common Pleas Court.
- Felony The most serious level of crime, punishable by imprisonment for one year or more. Felony cases are tried in the Common Pleas Court.
- Misdemeanor A lower level of crime, below felony, punishable by a fine or a jail term up to one year, or both. Misdemeanor cases are generally tried in the Municipal Court.
- Defendant A person, corporation, or other entity accused of a crime in a criminal case, whether it is a felony or a misdemeanor.
- Grand Jury A group of citizens empowered by a court to hear preliminary evidence, and decide if a crime has been committed. If the grand jury decides that there is enough evidence to believe that an individual has committed a crime, it issues an indictment.
- Executor An executor of an estate, also known as a personal representative, is appointed to carry out a deceased person’s wishes specified in their will. They manage and protect the estate’s financial assets, which is why many name family members, close friends, accountants or lawyers to act as executors.
- Executrix Is an antiquated term for a woman named in a will as the person responsible for carrying out the terms of the will, as per the testator’s wishes. This term is not commonly used now and every person in this role, no matter their gender identity, is generally referred to as an executor.
- Guardian A person appointed by the court to protect and manage the personal care or financial affairs, or both, of a minor (ward).
- Intestate Without a will. Opposite of testate.
- Testate A person who has made a will or who has died leaving a valid will; opposite of intestate.
- Testator The person who makes a will.
Land
- Grant or Land Grant The process by which land is transferred from a government or proprietor to the first private owner or title holder of a piece of property. See also: patent.
- Grantee A person who buys, purchases or receives property.
- Grantor A person who sells, gives or transfers property.
- Plat A map or drawing showing the outline of an individual tract of land (noun). To make a drawing or plan from a metes and bounds land description (verb).
Family History Research Class Exercise: WHO DO YOU WANT TO RESEARCH?
While researching be sure to go prepared and keep a research log! Expect to find additional information that you were not looking for initially. Keep good notes. If you do not find the records you are looking for online, it is now time to head to the courthouse! Enjoy your journey.
Learn about your county of interest
- Go to familysearch.org.
- Click on the “Search” tab and select “Research Wiki” from the dropdown.
- Click on “North America”, then select “United States” and your state of interest (e.g. “Montana”) from the dropdown menu. Review the page for the state.
- Click on your county of interest on the state map (e.g. “Flathead”). Here you will see a section for county information, which includes the courthouse address, phone number and a link to their website.
- Review the county page for other valuable information (e.g. record loss, boundary changes, populated places).
Learn about the local courthouse
- Click on link for the local courthouse.
- For each department (e.g. Clerk and Recorder, Chancery Clerk, Plat Room, Clerk of Court):
- Identify available records.
- Record email and phone number.
Learn about available records for your state
- Return to the page for your state of interest on Research Wiki (e.g. Montana).
- Find the “Record Types” box along the right side and look for documents of interest.
Identify records that are available online
- Return to the main “Search” tab on familySearch.org and select “Catalog” from the dropdown menu.
- In the input text box, type in the name of your place of interest. (e.g. United States, Montana, Flathead.)
- Click the “Search” button. Find “Probate Records” and “Vital Records” in the list of results.
- Check to see if the records are available online by clicking through the results.