How to Find Probate Court Records: Wills, Estates & Online Research
Probate court records - including wills, estate inventories, creditor claims, and distribution orders - are generally public record and increasingly accessible online. Whether you are researching a deceased relative's estate, investigating a genealogical question, or checking whether probate proceedings involve you as a beneficiary or creditor, this guide covers how to find probate court records at the local, state, and federal level.
By Anthony WillEst. 2013Published May 27, 2026Read time: 10 min
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The county where the deceased person was a legal resident at time of death
The county where the deceased owned real property (for ancillary probate)
Trust courts or equity courts in some states (probate may be called 'surrogate's court' in New York, 'orphans' court' in Pennsylvania and Maryland)
Understanding which court has jurisdiction is the first step in your search. Because probate is handled at the county level - not the state or federal level - the location of the deceased's last domicile determines where primary probate proceedings will be found. In larger states like California, Texas, or New York, this means navigating dozens of individual county court systems, each with its own portal and access procedures.
If the deceased owned real estate in multiple states, ancillary probate proceedings may have been filed in those states as well. Always check every state where the person owned titled real property, not just their home state. The US Courts website can help orient you to the federal court structure, while Nolo's probate and estates guide provides a practical overview of what triggers probate in each state.
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Identify the county where the deceased lived. Search '[county name] probate court records' to find the appropriate court. Many county courts have online search portals that include probate cases. Learn more about court record removal on our blog.
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Search the state court portal
Many states include probate cases in their statewide court portal. Search the deceased's name in the civil or probate case section. Not all states separate probate from general civil cases in their portals. Learn more about background check reports on our blog.
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Check genealogy databases
Ancestry.com, FamilySearch, and FindMyPast have digitized probate records - particularly wills and inventories - going back centuries. For historical estates, these are often the best starting point.
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Contact the court clerk directly
If online search returns no results, contact the probate or county court clerk directly. Provide the deceased's name, approximate date of death, and last known address. Clerks can typically confirm whether a probate file exists and how to obtain copies.
What to Expect in a Probate File
A typical probate court file contains a substantial amount of information about the deceased and their estate. Understanding what you will find - and what it means - helps you target the right documents when you access the file.
Unlike many civil court records that contain only legal motions and orders, probate files are more comprehensive: they contain inventories of assets, valuations, creditor correspondence, and detailed family information. This breadth of information is why probate records are so valuable for genealogical research - but it also means they contain more sensitive personal and financial details than most court record types. See our guide on how to search court records for broader context on court record access.
A typical probate court file contains:
The will (if any) - once admitted to probate, wills are public
Death certificate (sometimes)
Petition for appointment of executor/administrator
List of heirs and beneficiaries
Inventory and appraisal of assets
Creditor claims and responses
Final accounting of the estate
Order of distribution to beneficiaries
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Frequently Asked Questions
How do I find probate records online?
Search the county court portal for the county where the deceased lived. Most state court portals include probate cases in their searchable databases. Genealogy services (Ancestry.com, FamilySearch) have digitized historical probate records. If online search doesn't produce results, contact the county probate court clerk directly with the deceased's name and date of death. Many courts can confirm whether a probate file exists and provide copies for a fee.
Are probate records free to access?
Access to probate court records is generally free at the courthouse. Online access through court portals is usually free. Genealogy databases like Ancestry.com require subscriptions for access to digitized historical probate records. Obtaining certified copies of probate documents typically involves a fee (usually $5-25 per document depending on the court). Most courts allow in-person viewing of probate files without charge.
How do I find a will in probate court?
Once a will is admitted to probate, it becomes a public document filed with the probate court. Search the county probate court portal or contact the court clerk with the deceased's name and approximate date of death. If probate has been opened, the will should be in the file. If no probate was filed (because the estate passed through trusts or beneficiary designations), the will may never have been filed with any court and thus may not be publicly accessible.
Can I search probate records in other states?
Yes. For each state where the deceased owned property or lived, search that state's county court portals. A person may have multiple probate proceedings in different states (primary probate where they lived, ancillary probate where they owned real property). Genealogy databases like Ancestry.com cover probate records from most US states. National Archives has historical federal probate records for federal territories.
How do I find out if someone has a will?
After a person dies, their will (if any) should be filed with the probate court in the county where they lived within a reasonable time. Search the county probate court portal for their name. If a probate file exists, it will contain the will if one was filed. If no probate file exists, either the estate passed without probate (through trusts, beneficiary designations, or because there was little to administer) or probate has not yet been filed. You can also contact the deceased's known attorney or financial advisor.
What is the difference between probate and non-probate assets?
Probate assets are those that pass through the probate court process - assets owned solely by the deceased without a designated beneficiary. Non-probate assets pass directly to beneficiaries outside the court system - examples include jointly held property, life insurance policies with named beneficiaries, retirement accounts with beneficiaries, and trust assets. Only probate assets generate public court records. If an estate passed entirely through non-probate means, there may be no probate court file at all.
Are there privacy concerns with probate records being public?
Yes. Probate records are public and can contain sensitive information including asset inventories, creditor claims, family relationships, and distribution details. Some jurisdictions allow certain information to be redacted - for example, account numbers or highly sensitive financial data. If you are an heir or executor with privacy concerns about information in a probate file, consult an estate attorney about options for protective orders or redaction requests in your jurisdiction.
How long are probate records available to the public?
Probate court records are generally maintained permanently by county courts and do not expire or automatically close to public access. Historical probate records dating back centuries are available through genealogy databases like Ancestry.com and FamilySearch. There is no statutory period after which probate records become sealed. If privacy of probate information is a concern, the better approach is to minimize what passes through probate in the first place by using trusts and beneficiary designations.