How to Use Court Records to Trace Ancestors

Use court records for ancestry and genealogy research.

What type of court records will you find?

Various court records can be valuable in your individual, family, and narrative research. The following are common records I have used to learn about persons I am interested in.

  • Adoption. In most cases, adoption records are sealed. Meaning that the information is only available for the person being adopted when they reach legal age and secure a court order to access their records. I have seen some courts allow the sealed records to be viewed by others when there is a reasonable cause (e.g., genetic medical condition.)

Before the 20th-century, adoptions were handled very discretely within the family external of any legal system, and for this reason, you may not be able to find any adoption records. I once heard of one researcher who learned of adoption from church records. The priest had made a note in the birth register naming the individual’s biological parents, who another family member adopted.

  • Bankruptcy. Bankruptcies are filed in federal courts, and bankruptcies are designed to help protect individuals from creditors so they can restructure their debt. There are several types of bankruptcies to look for:

o Chapter 7: Liquidation. This is the most common bankruptcy for individuals, and this is where a court-appointed trustee oversees the liquidation of a person’s assets to help pay off creditors.

o Chapter 13: Repayment plan. This type of bankruptcy is used to help an individual reorganize debt and create a court-approved monthly payment plan to pay back a portion of debt and secured debt over 3-5 years.

o Chapter 11: Large reorganization. This form of bankruptcy is used to reorganize a business or corporation, allowing a company to keep operating while paying off debt.

o Chapter 12: Family farmers. This is a repayment plan used by farmers and fishermen to avoid selling all their resources.

o Civil proceedings. These court actions usually involve non-property-related proceedings that involve small claims, false accusations, slander, and more. I use these types of records to gain a little insight into the lives of people and the overall setting of the community.

  • Divorce. Divorce proceedings are filed at the local court level. While not as common before 1900, I have found divorce records back into the mid-1800s. Be aware that you may find divorce records that were started but never completed.
  • Guardianships. These types of records are more plentiful than you might think. For example, there may be a family where the father/husband was killed, and the mother cannot take care of one or more of the children. In this case, the child may have been made a ward of the state and placed in an orphanage or receive a court-appointed guardian. I have seen guardianship arranged in a will so the children can be cared forgiven there is death. Look for related documents in what some regions call “Orphan’s Court.” The name varies by region.
  • Mortgage. A mortgage is usually filed in local courts when the lender is an individual or government agency.
  • Property disputes. If there were any property disputes, they would have likely been filed at the local court level.

Finding Court Records

Where will you find court records?

There are three levels of court. The lowest level is the local or county court, and the middle level is the state or state supreme court. And the highest court is federal courts divided into district courts, the U.S. Circuit Court of Appeals and the U.S. Supreme Court.

When you start searching for court records in a specific local/area and determine where the courts are located. They can be located at the town, city, and county levels. Also, remember that boundaries change over time, and records stay in the area they were filed. One court record I was searching for was initially filed in Virginia and later became West Virginia. I started my search in West Virginia and found all the records I was searching for in Virginia.

What are some research insights for court records?

Most court records are indexed. Be prepared to find two types of indexes: one for plaintiffs and the defendants. Search first to understand how the records are organized. Many records are available online and on microfilm.

Limitations. Be aware that many indexes, if they exist, may not be fully indexed or complete. These records are considered secondary sources transcribed by a clerk and were used only to help you find the record. Sometimes you have to look record by record.

Other Records to Help in Ancestry Research

Where can I learn more about how to trace ancestry?

The following are important articles for learning about ancestry and historical research.

Where can I learn more about records to trace ancestry?

The following is an overview of 15 types of vital, government and historical records I have found constantly valuable in my individual, family, and narrative research. These records provide vital and biographical information on individuals and families. When I mastered researching these resources, I could quickly expand my research to other records to help me connect the pieces for writing narratives and other historical research.

For each record type, I have included what you will find, how to use the resource, and research insights for each record type. I would encourage you to use this article as a starting point from which you can search out and find other record tutorials guides and help to provide deeper insights.