Facts on Local Court Records

[ SEARCH ONLINE COURT RECORDS ] [Search Public Records - FREE Preview Search.] [Court Record Searches] [View Criminal Records Instantly!]

   Courts kept the only countywide records in Rhode Island, and that has been the case since the inception of counties in 1729. Previous to that the general court of trials existed for the entire state along with several lower courts. All the colonial court records from colonial and state courts from 1645-1900 are located at the Rhode Island Superior Court Judicial Records Center, 1 Hill Street, Pawtucket, Rhode Island 02860. Beginning in 1729 with the formation of counties, a superior court of judicature (criminal) and inferior court of common pleas (civil) as well as a supreme court were established, similar to those in Massachusetts. Debts, divorces, and trespass claims are found within the court records for each county.

Back to top

Facts on Local Probate Records

   Unlike any other state in New England, from colonial times probate functions have been organized by town, not county or separate probate district. The town council, in addition to its normal function, handled probate matters in Rhode Island. Wills were accepted and challenged, executors authorized, administrators appointed, inventories ordered, and estates distributed, although the town council book, probate book, or will book differed from town to town. It was not until much later that a certain uniformity began to take hold in the recording procedures, dividing town functions into separate books instead of locating them on whatever blank parchment space was available in the office or home of a council member.

Back to top

Tips for General Court Records

Excerpts From the Book "Family History Made Easy"

   Even today, few people escape mention in court records at some time during their lives as witnesses, litigants, jurors, appointees to office, or as petition signatories. However, Americans of a few generations ago also expected to attend local court proceedings when they were in session.
Arlene H. Eakle, Ph.D. “Research in Court Records”
In The Source: A Guidebook of American Genealogy

   American court files mirror U.S. history. Buried away in courthouses and archives everywhere are the dreams and frustrations of millions of citizens. The chances are great that your ancestors have left a detailed record of at least some aspects of their lives in court records.

   Most of us don’t think of court records as the rich source of personal history that they are. But America’s English heritage established a tradition of court processes in which the people have a right to participate actively—and we always have. With relative freedom from royal supervision and with court enforcement of religious as well as civil laws, American courts tried many matters that were not subject to court action in other parts of the British empire and that are now considered too minor to warrant criminal action.

   When a person dies, every state has laws that provide for public supervision over the estate that is left, whether or not there is a will. The term “probate records” broadly covers all the records produced by these laws, although, strictly speaking, “probate” applies only when there is a will.

   Family historians use probate case files far more than any other kind of court record. Probate case files are logical sources because they tend to include so much personal data, and because Americans have depended on the courts to settle their estates since North America was colonized. According to Val Greenwood in his Researcher’s Guide to American Genealogy, “All records which relate to the disposition of an estate after its owner’s death are referred to as probate records. These are many and varied in both content and value, but basically, they fall into two main classes: testate and intestate” (page 255). Probate case files generally provide names, addresses, and biographical data for the deceased, but frequently provide the same information for other relatives named in the papers. Relationships, maiden names of wives, married names of daughters, past residences, and place of origin in a native country are just a few of the details that can be discovered in probate files. And probate files can be found in courthouses and archives across the United States.

   When requesting probate information from the county clerk, it is important not to limit yourself by asking for a person’s “will.” The clerk will usually take you at your word and not copy other papers in the probate file that may have equally important information if there is no will.

   Even if your ancestor is not mentioned in a probate case, consider all of the other procedures which might have resulted in him or her appearing in court records:

Back to top