Probate Court Records

Documents that chronologically record proceedings of the Probate Court are called probate court records. Normally, an application or motion is filed by parties themselves or with the help of lawyer to open a case, which is under the jurisdiction of the Probate Court.  

Generally, the responsibility of maintaining court records uses to be of clerk. He/she has the onus to maintain and keep all the Probate Court records safely. Usually, there are number of records that are kept open for the public use. Records can be obtained by different alternate sources in Probate Courts. Mostly these alternate sources prove useful for those people who conduct genealogy research.

Formats of Probate Court Records

Active Cases- It includes those active cases of the Probate Court, proceedings of which have been conducted. All the party information is kept safe by recording all the details. Most of the Probate Courts set up a particular section to keep these records in the access of the public.

Closed Cases- Actual files of the cases, which are closed are kept safe in the Probate Courts. However, there is a fixed time period for which these files are maintained. It may vary in different Probate Courts. There are number of the Probate Courts that provide information of these cases on microfilm.

Adoptions- Normally records of these cases are not for public viewing. However, an adult adoptee can get the contents of their particular file, which is maintained by the Health Department of the State. It is important that the adoptee contact the Health Department directly so as to get proper form and instructions on filing.      

A Petition can be filed with the Probate Court, which approved their adoption, if possible to have the adoption information. However, if the Probate Court is not able to grant the Petition or is unwilling to do so, then in that situation, a Petition can be filed in the county where the adoptee resides. Releasing of information entirely depends on whether the birth parents signed and filed a release or not.

Birth and Death Records- Normally the information is recorded in the docket books of the Probate courts.

Civil Actions- The records of civil actions are kept safe on microfilm or microfiche in the Probate Court.

Marriage Records- Information regarding marriages is also kept in docket books.

Mental Health Records- All the records related to mental health are kept as confidential documents. Thus, these documents are not available for viewing.  

Other Records- List of other various public records can be found in the clerk’s office in the Probate Court. These records may be available in the form of microfilm or microfiche after the closing of the case.

One can get the copy of the Probate Court records by following the procedure of concerned Probate Court rules and regulations.