Quick Overview
- Probate is administered at the county level, and virtually all probate court filings are open to the public under the open courts doctrine.
- While most probate records are public, limited protections exist in specific circumstances.
- While the underlying record on the county's official system is an advanced category that needs deeper analysis, the third-party publications of that information are often addressable.
What Probate Records Are Public in 2026?
Probate is administered at the county level, and virtually all probate court filings are open to the public under the open courts doctrine. According to the US Courts, this principle of public access reflects fundamental democratic transparency. In practice, the following probate records are publicly accessible in nearly every state:
- The petition for probate and appointment of executor or administrator
- The will - once admitted to probate, a will becomes part of the public record
- Inventory of the decedent's assets, including real property and financial accounts
- Creditor claims filed against the estate and their resolution
- Final accounting showing all distributions to beneficiaries
- Guardianship and conservatorship filings (which can include medical and financial information)
What makes this particularly significant in 2026 is that many of these records are now indexed online. County court portals, legal databases like Justia and UniCourt, genealogy databases, and data broker services like background check aggregators all compile and republish probate data, making it searchable by name. A deceased relative's estate - and your name as a beneficiary - may appear in search results without your knowledge.
Approximately 2.4 million estates go through probate annually in the United States (ABA 2024). Each of those cases creates a public court record. As states modernize their court portals, an increasing percentage of those records are becoming searchable online by anyone.
What Probate Records Are Restricted or Sealable?
While most probate records are public, limited protections exist in specific circumstances. Sealing requires a specific showing, since courts apply a strong presumption of public access. That said, the following can sometimes be restricted:
- Medical records referenced in probate proceedings may be filed under seal
- Some states seal certain conservatorship and guardianship records
- Court orders may seal specific portions of estates at the request of beneficiaries
- Trusts (as opposed to probate estates) are typically private and not court records
Revocable living trusts are private documents - they do not go through probate and are NOT public record. Only the probate estate (assets that did not pass through a trust or other beneficiary designation) becomes a public court record. Proper estate planning can minimize what enters the public probate record. Learn more about sealing court records on our blog.
How Probate Records Appear in Google Search Results
Probate records reach Google through several distinct channels, each requiring a different removal strategy:
- State court portals: Many county probate courts now offer searchable online dockets. These official court pages are indexed by Google and can appear directly in search results for a decedent's or beneficiary's name.
- Legal databases: Justia, UniCourt, CourtListener, and similar platforms index court records including probate. These pages rank strongly in Google due to the domain authority of legal databases.
- Genealogy databases: Ancestry.com, FamilySearch, and similar platforms have indexed historical probate records going back centuries. These can surface modern records as well.
- Data broker aggregators: Services like Spokeo, BeenVerified, and Intelius compile public records data including estate and inheritance information. These often include beneficiary names and asset information.
- News coverage: Notable estates - involving public figures, significant assets, or disputes - may generate indexed news articles that rank for related searches.
Removing Probate Information from Google and the Internet
While the underlying record on the county's official system is an advanced category that needs deeper analysis, the third-party publications of that information are often addressable. The FTC's guidance on background checks and the EEOC both acknowledge limits on how public record information can be used for employment purposes, but proactive removal from third-party sites remains the most effective approach for most people.
The practical removal pathway for probate information typically involves three steps:
- Identify all sources: Search your name and the decedent's name across major legal databases, data broker sites, and Google. A professional audit provides the most complete picture.
- Submit removal requests to data brokers: Background check aggregators (Spokeo, BeenVerified, Intelius, Whitepages, and others) have opt-out processes. These are the most actionable targets and can often be addressed within 2-4 weeks. Learn more about court record removal on our blog.
- Request de-indexing from Google: For pages that stay live at the source, Google's personal information removal tool and outdated content tool may support de-indexing requests. Learn more about our approach on the business reputation guide.
For legal database pages (Justia, UniCourt, etc.), formal privacy requests can sometimes result in de-indexing or anonymization of identifying information. Success varies by platform and the nature of the information involved.
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