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Public Records Guide · 2026

Are Probate Court Records Public in 2026: Wills, Estates & Online Removal

Yes - probate court records are public in the United States. When someone dies and their estate goes through probate, the court file becomes accessible to anyone: the will, inventory of assets, creditor claims, beneficiary identities, and final distribution are all public record. According to the American Bar Association, approximately 2.4 million estates go through probate annually, and an increasing share of those records are now searchable online through court portals, legal databases, and data aggregators. This guide explains exactly what's public, what limited protections exist, and how to address probate information that's appearing in search results.

By Anthony Will Est. 2013 Published May 27, 2026 Read time: 10 min
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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:

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.

Key Statistic

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. The threshold for sealing is high - courts apply a strong presumption of public access. That said, the following can sometimes be restricted:

Your record is probably showing in more places than you realize - and each one can be addressed.
Most people who reach out to us had no idea how many places their record had spread. Justia, Google Scholar, UniCourt, background check sites - each one a new place where employers, landlords, or dates might find you. A free scan shows you exactly where you stand, so you can do something about it.
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Key Distinction

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.

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How Probate Records Appear in Google Search Results

Probate records reach Google through several distinct channels, each requiring a different removal strategy:

Removing Probate Information from Google and the Internet

While the underlying court record cannot typically be removed from the county's official system, 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:

  1. 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.
  2. 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.
  3. Request de-indexing from Google: For pages that cannot be removed at 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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Frequently Asked Questions

Are probate court records public?
Yes. Probate court records are public record in the United States. When an estate enters probate, the will, asset inventory, creditor claims, and final distribution all become part of the public court file. According to the American Bar Association, approximately 2.4 million estates go through probate annually. Anyone can access these records at the courthouse or through the court's online portal. This openness exists to protect creditors' rights and ensure accountability in estate administration.
Are wills public record?
Once a will is admitted to probate, it becomes a public court record. Before death or before probate is opened, a will is a private document. After probate is filed, the will is accessible to anyone. This is why many estate planning attorneys recommend revocable living trusts - assets held in trust bypass probate entirely, meaning the will (if any) has less significance and far less information enters the public record.
Are trusts public record?
No. Revocable living trusts are private documents. Unlike a will that must go through probate court, trust assets pass directly to beneficiaries without creating a public record. This privacy benefit is a primary reason trusts are popular in estate planning. However, if a trust becomes contested litigation, court filings related to that dispute may become public.
How long do probate records stay online?
Probate records are permanently public once filed. Courts archive closed estates, but these archives remain accessible - genealogy databases and court record aggregators have indexed historical probate records going back centuries. Modern probate records are increasingly searchable online through court portals and third-party legal databases like Justia, UniCourt, and state court websites.
Can probate records be sealed or removed from the internet?
Portions of probate records can be sealed by court order - medical information, sensitive financial data, or information meriting protection. The threshold is high. For online removal, the practical approach targets third-party data aggregators and legal database sites that republish the information. Professional online removal services address these third-party publications; see our guide on whether court records can be removed.
Can probate records affect employment or a background check?
Probate records themselves are rarely included in standard employment background checks. However, estate and probate information can appear on data broker sites and people-search aggregators that compile public records. These third-party profiles are addressable through opt-out processes. If probate information is appearing on sites like Spokeo, BeenVerified, or similar services, professional removal requests can often address those entries.
Does being named in a will make my information public?
Yes - if the estate goes through probate. Once the will is filed with the probate court, beneficiary names and the nature of their inheritances become part of the public record. Trusts avoid this outcome entirely because trust distributions never enter the court system. Working with an estate planning attorney to structure assets through trusts and beneficiary designations can minimize what enters the public probate record.
How do I find out if my name is in probate records?
Search the probate court's public online portal in the county where the decedent lived. Most counties now have searchable online dockets. You can also search major legal databases: Justia, UniCourt, and CourtListener index some probate records. For a comprehensive picture of where your name appears, a professional online records audit is the most thorough option. Request a free case review.