On this page
What probate records are
Probate is the legal process by which a deceased person's estate is administered — debts are settled, assets are inventoried, and property is distributed to heirs. When that process goes through the courts, it generates a case file that becomes a public record. Not every estate goes through formal probate. Small estates, jointly held property, and assets with named beneficiaries often transfer outside the probate system entirely, leaving no court record.
When probate does occur, the file typically includes the petition to open the estate, the will if one exists, an inventory of assets, creditor claims, and the final order of distribution. These documents are filed with the probate court in the county where the deceased person last resided. Our guide to finding a will covers how wills fit into the probate process in more detail.
Where probate records are held
There is no national probate database. Records are held at the county level by the court that handled the proceeding. Depending on the state, that court may be called the probate court, surrogate's court, orphans' court, circuit court, or county court. New York uses Surrogate's Court, Pennsylvania uses Orphans' Court, and most southern states file probate matters in their general circuit or county courts.
Some states have begun moving older probate indexes online through state archives or genealogy platforms, but recent records typically require a direct request to the courthouse. Many counties charge a search or copy fee. See our court record search guide for a broader overview of how county court systems are structured.
| State | Court that handles probate | Notes |
|---|---|---|
| New York | Surrogate's Court | One per county; SCPA governs proceedings |
| Pennsylvania | Orphans' Court | Division of Court of Common Pleas |
| California | Superior Court (Probate Division) | Each county separate; no statewide index |
| Texas | County Court or Statutory Probate Court | Statutory probate courts in larger counties only |
| Florida | Circuit Court (Probate Division) | Clerk of court maintains the case file |
Finding the right county
The most common mistake when searching for probate records is contacting the wrong county. Probate is filed where the person lived at the time of death — not where they were born, where they owned property, or where their family lives. If the county of last residence is uncertain, that is the problem to solve first.
A people-search report is the right first move before contacting any courthouse. Enter the person's name and the report surfaces address history and last known residence across multiple jurisdictions. An Instant Checkmate subscription includes both people search reports and address lookup reports — so you can pull a property report on any address that surfaces in the search, all within the same subscription. That combination narrows your courthouse target and gives you property context before you spend time on requests. Death records — either through a state vital records office or death index data from a people-search aggregator — can confirm the state and county of death directly. See our death record search guide for more on that process.
Industry insight
One pattern I see regularly: people search for probate records in the state where a person owned real estate rather than where they lived. If someone owned a vacation home in Florida but lived in Ohio, the primary probate proceeding will almost always be in Ohio. Florida may have a separate ancillary probate proceeding for the Florida property, but the main estate file is in the Ohio county of last residence. Knowing which proceeding you are looking for saves significant time and courthouse calls.
How to search for probate records
Confirm the county of last residence first
Use address history from a people-search aggregator or a death record to identify the county where the person lived when they died. This is your primary courthouse target.
Check whether the court has an online index
Many counties now offer online probate case searches through their clerk of court website. Search the county name plus "probate court records search" to find it. Coverage varies widely — some counties have records going back decades online; others require an in-person or written request.
Contact the courthouse directly if needed
If no online index exists, call or write the probate clerk. Provide the full legal name of the deceased and the approximate year of death. Most courts can confirm whether a probate case was filed and provide copies for a fee — typically $1 to $3 per page plus a search fee.
Check state archives for older records
For deaths more than 20 to 30 years ago, state archives and platforms like FamilySearch.org and Ancestry.com may have indexed older probate files. These are particularly useful for estates from the early to mid-20th century where courthouse records have been microfilmed and digitized.
What probate records typically contain
- Petition to open the estate, naming the executor or administrator
- Will, if one was filed with the court
- Inventory of assets including real property, accounts, and personal property
- Creditor claims and debt settlements
- Names and addresses of heirs and beneficiaries
- Final order of distribution
- Letters testamentary or letters of administration
Not all of these documents are guaranteed to be present. Small estates may have a simplified filing with fewer components. Contested estates may have additional pleadings and court orders spanning years. The will, if filed, is almost always public record. Some states restrict access to the full asset inventory while the case is open but make it public once closed.
When no probate record exists
If you contact the courthouse and no probate case was filed, that is not necessarily a dead end. Estates with assets held in revocable trusts, jointly titled property, or accounts with named beneficiaries often transfer without probate. In those cases, there may be no court record to find — but a public records search through a people-search aggregator may surface property transfer records or deed history that shows how assets moved after the person died.
Common mistakes to avoid
- Searching the wrong county because property location was confused with last residence
- Assuming every death generates a probate case — many estates skip probate entirely
- Expecting a national database — no unified system exists for probate records
- Overlooking ancillary probate in states where the deceased owned real property
Start Here: Enter Any Name To View Records
Best sites to review first
If you want to confirm last known address or county of death before contacting a courthouse, these are the two services I recommend reviewing first.
| Service | Why people use it | Best fit |
|---|---|---|
| Instant Checkmate | People search and address lookup reports are both included in one subscription — search a person by name, then pull a property report on any address in the results | Identifying the right jurisdiction |
| TruthFinder | Useful for broader public-record context including property records and known relatives | Estate context and heir identification |
Reminder: these services are not for employment, tenant screening, insurance, credit, or any other FCRA-regulated use.
Frequently asked questions
Are probate records public?
Generally yes. Probate proceedings are civil court cases and the filings are public record in most states once the case is open. The will, petition, and order of distribution are typically available to anyone who requests them. Some states restrict access to certain financial documents while the case is still pending, but the core case file is public.
How far back do online probate records go?
It depends on the county. Some large counties have digitized records going back to the 1980s or earlier. Many rural counties only have online indexes for the past 5 to 10 years. For older records, state archives, FamilySearch.org, and Ancestry.com are often better sources than the county court website directly.
Can I use these searches for jobs, housing, or insurance decisions?
No. The services discussed on this page are not consumer reporting agencies and the information here is not a consumer report. They should not be used for employment, tenant screening, insurance underwriting, credit, or any other purpose regulated by the Fair Credit Reporting Act.
