What are Probate Records and How Do You Recognize Them?
Probate records are legal documents created after someone dies, used to manage and distribute their estate (money, property, belongings). These records are part of the probate process, which is overseen by a court to ensure the deceased person's wishes are followed (if there's a will) or that the estate is distributed according to law (if there's no will).
“Probate Records” and “Probate Indexes” as a record type should never be used to describe natural groups (refer to the tables below to understand the ethical and legal implications).
| Risk Category | Description |
| Loss of Granular Privacy Controls | Many of these records (e.g., Guardianship Applications, Foster Care Records, Executor Accounts) contain highly sensitive personal and family data. Labeling them generically may bypass necessary privacy filters or redactions. |
| Legal Non-Compliance | Guardianship and foster care records often fall under stricter privacy statutes, especially when minors or vulnerable adults are involved. Mislabeling could violate laws like HIPAA, state guardianship statutes, or court confidentiality rules. |
| Public Exposure of Sensitive Data | Probate records are often public by default. Without proper classification, documents containing financial, health, or mental health information could be exposed online, leading to identity theft or harassment. |
| Increased Risk of Fraud and Scams | Public access to detailed estate and inheritance data can attract malicious actors. Mislabeling may inadvertently publish bank details, asset inventories, or beneficiary identities. |
| Ethical and Emotional Harm | Families dealing with loss or legal disputes may face emotional distress if sensitive records are made public. This is especially true for contested guardianships or foster care placements. |
| Inconsistent Legal Protections | Some states offer full or partial sealing of guardianship records, while others do not. A generic label may ignore jurisdiction-specific protections, leading to uneven privacy enforcement. |
| Document Type | Personal Data Recorded | Family Data Recorded | Private/Sensitive Data Recorded |
| Annual Returns | Name, Date of Birth, Address, Occupation | Names of relatives, Relationships, Family structure | Financial details, Legal status, Health information, Estate value |
| Assignee Records | Name, Date of Birth, Address, Occupation | Names of relatives, Relationships, Family structure | Financial details, Legal status, Health information, Estate value |
| Complete Probate Records | Name, Date of Birth, Address, Occupation | Names of relatives, Relationships, Family structure | Financial details, Legal status, Health information, Estate value |
| Curatorship Records | Name, Date of Birth, Address, Occupation | Names of relatives, Relationships, Family structure | Financial details, Legal status, Health information, Estate value |
| Devisee Indexes | Name, Date of Birth, Address, Occupation | Names of relatives, Relationships, Family structure | Financial details, Legal status, Health information, Estate value |
| Guardianship Records | Name, Date of Birth, Address, Occupation | Names of relatives, Relationships, Family structure | Financial details, Legal status, Health information, Estate value |
| Probate Estate Inventories | Name, Date of Birth, Address, Occupation | Names of relatives, Relationships, Family structure | Financial details, Legal status, Health information, Estate value |
| Testamentary Letters & Indexes | Name, Date of Birth, Address, Occupation | Names of relatives, Relationships, Family structure | Financial details, Legal status, Health information, Estate value |
| Trust Records & Indexes | Name, Date of Birth, Address, Occupation | Names of relatives, Relationships, Family structure | Financial details, Legal status, Health information, Estate value |
Instead, use the specific type of probate record using the instructions below. Note: The probate records below can sometimes be organized separately from/outside of a Probate Estate Case File. Use the specific record type below when these records are organized/compiled outside of a Probate Estate Case File:
- Annual Returns: A yearly report made by the administrator or executor of an estate to a probate court.
- Assignee Records: A record of a person assigned to dispense with a deceased person's property in a probate case.
- Complete Probate Records: A record containing all documents related to a single case before a probate court.
- Curatorship Records: A record of a legal measure intended to protect an adult who needs to be assisted during certain actions in life. It is less burdensome than guardianship, but more protective than the protection of the court. It concerns people retaining part of their autonomy.
- Devisee Indexes: A reference list of people receiving real estate as part of the settlement of a will.
- Devisor Indexes: A reference list to wills, organized by the deceased person's name.
- Dower Records & Indexes: A record of the portion of an estate of a deceased spouse given by law to the surviving spouse.
- Executor Records: A record created by a person assigned to oversee the completion of a deceased person's last will and testament.
- Executor Accounts: A record of financial transactions undertaken by a person responsible for fulfilling the last will and testament of a deceased person.
- Executor Appointments: A record of a court assigning a person to oversee the fulfillment of a deceased person's last will and testament.
- Executor Dockets: A schedule and summary of hearings involving a person assigned to oversee the execution of a deceased person's last will and testament.
- Executor Settlements: A record of the results of the actions of a person assigned to oversee the completion of a deceased person's last will and testament.
- Executors Bonds: A record of an official promise to faithfully fulfill the instructions in a last will and testament, made by the person assigned to that duty.
- Executors Letters: Correspondence created by a person responsible for overseeing the completion of a deceased person's last will and testament in the course of their duties.
- Oaths of Execution: A record of a solemn vow made by a person taking responsibility for fulfilling a deceased person's last will and testament.
- Guardianship Records: A record of a person, other than a biological parent, assigned by a court to be legally responsible for an underage child or a mentally incompetent adult.
- Curator Records: A record of a person assigned as a guardian of a child over marriageable age but under legal adulthood.
- Foster Care Records: A record in connection with a system in which a minor has been placed into a ward, group home, or private home of a certified caregiver.
- Guardian Docket Indexes: A reference list to schedules of court cases determining caretakers for minor children or mentally incompetent adults.
- Guardian Probate Dockets: A calendar of cases heard before a probate court regarding the assignment of a person to take legal custody of one or more minor children or mentally incompetent adults.
- Guardianship Accounts: A record of the financial transactions undertaken by a person assigned to take legal responsibility for an underage child or mentally incompetent adult.
- Guardianship Applications: An official request a person filed with a court to take legal responsibility for an underage child or mentally incompetent adult.
- Guardianship Appointments: A record of a person's official assignment as legal caretaker of an underage child or mentally incompetent adult.
- Guardianship Bonds: A record of a fee paid to a court by a person to ensure that they fulfill their duties to take legal responsibility for an underage child or mentally incompetent adult.
- Guardianship Dockets: A schedule of court sessions focused on people assigned legal responsibility over underage children or mentally incompetent adults.
- Guardianship Final Records: The last record created by a person in their role as custodian of a minor child or incompetent adult.
- Guardianship Indexes: A reference list to records of people assigned to take legal responsibility for a minor child or mentally incompetent adult.
- Guardianship Inventories: A list of property placed into the care of a person with legal responsibility over a minor child or incompetent adult.
- Guardianship Petitions: An official request made by one or more people requesting a specific individual be given the assignment to take legal responsibility for a minor child or incompetent adult.
- Guardianship Settlements: A record of the outcome of a person's assignment to take legal responsibility for a minor child or mentally incompetent adult.
- Letters of Guardianship: A correspondence from a court granting a person legal responsibility for a minor child or mentally incompetent adult.
- Heir Records & Indexes: A record of a person entitled by law to an inheritance or title.
- Inheritance Receiver Records & Indexes: A record of a person who has received a part of a deceased person's estate.
- Inheritance Records: A record documenting the inheritance of an estate.
- Legatee Indexes: A reference list to records of the bestowing of property on a person through a will, organized by the name of the person receiving the property.
- Legator Indexes: A reference list to records of legacies or devises, ordered by the names of the decedents.
- Intestate Estate Records & Indexes: A record of the dispensation of the property of a deceased person who died without a will.
- Judicial Estate Records & Indexes: A record of the property of a deceased person that has been turned over to the care of a court.
- Minor Estate Indexes: A reference list to records of property inherited by an underage person.
- Orphans Estate Records: A record of property passed to an underage person who has lost both parents.
- Probate Administrator Records & Indexes: A set of records related to the dispensation of a deceased person's estate by a court-appointed overseer.
- Probate Commissioner Records: A record created by a judicial officer appointed to assist with the administration of probate courts, which deal with matters such as the distribution of deceased persons' estates, the will validity, and guardianship of minors and incapacitated individuals.
- Probate Court Files Index: A reference list to document sets related to individual cases heard before a probate court.
- Probate Court Minutes & Indexes: An account of the proceedings of a probate court.
- Probate Court Records Index: A reference list to records of matters related to property and guardianship handled by a court of law.
- Probate Decedent Indexes: A reference list of probate records organized by last name of the deceased people.
- Probate Dockets & Indexes: A schedule of legal proceedings related to the settlement of a deceased person's estate.
- Probate Estate Case Files: A set of documents in file format related to the personal property of an individual, used by a court in the dispensation of the property after the person's death.
- Probate Estate Division Records: A record of splitting the property of a deceased person among their heirs.
- Probate Estate Final Records: A record closing out the settlement of a person's property after that person's death.
- Probate Estate Inventories: A record of all property owned by a deceased person, used in the settlement of their estate.
- Probate Estate Settlement Records: A record of the final dispensation of the property of a deceased person.
- Probate Witness Affidavits: A document in which the signer swears under oath before a notary, or someone authorized to take oaths that the statements in the document related to a given person's estate are true and were experienced by the signer.
- Renunciation Records: A record of people resigning from their role as administrator or executor of an estate.
- Testamentary Letters & Indexes: A correspondence created by a court as evidence that a person has been given power to perform some action for the court.
- Testate Estate Records: A record of the property of a person who died with a will in place.
- Testator Records: A list of people who died with a will in place.
- Trust Records & Indexes: A record that places funds or property in the care of one party for the benefit of another.
The Country & its Court(s) Known to Administer Probate/-like Procedure
| Homeland | Probate Court Name |
| Australia | State Supreme Courts (Probate Division) |
| United Kingdom | Probate Registry (England & Wales), Sheriff Court (Scotland), Probate Office (Northern Ireland) |
| United States | County-level Probate or Surrogate Courts |
| New Zealand | Family Court (District Court system) |
| Canada | Provincial/Territorial Courts (e.g., Surrogate or Superior Courts) |
| Ireland | Probate Office of the High Court |
| Scotland | Sheriff Court (Confirmation process) |
| Northern Ireland | Probate Office (High Court) |
| France | Notarial System (Notaires) |
| Germany | Local Courts (Amtsgericht) |
| Italy | Notarial System and Civil Courts |
| Spain | Notarial System and Civil Courts |
| Switzerland | Cantonal Inheritance Authorities and Local Courts |
| Austria | District Courts (Bezirksgericht) |
| South Africa | Master of the High Court |
| Singapore | Family Justice Courts (Probate Division) |
| Malaysia | High Court (Probate and Administration Division) |
| Jamaica | Supreme Court (Probate Division) |
| Bahamas | Supreme Court (Probate Registry) |
| Hong Kong | High Court (Probate Registry) |
| Mississippi | Chancery Court |
| Tennessee | Chancery Court or Probate Court |
| South Dakota, Virginia | Circuit Court |
| Oregon | Circuit Court - Probate Department |
| Arkansas, Florida, Hawaii, Illinois, Missouri, New Hampshire, Wisconsin | Circuit Court - Probate Division |
| Indiana | Circuit or Superior Court - Probate Division |
| North Carolina | Clerk of Superior Court |
| West Virginia | County Commission or Circuit Court |
| Nebraska | County Court |
| Delaware | Court of Chancery |
| Kentucky, Montana, North Dakota, Oklahoma, Utah, Wyoming | District Court |
| Idaho | District Court - Magistrate Division |
| Colorado, Iowa, Kansas, Minnesota, Nevada | District Court - Probate Division |
| Louisiana | District Court - Succession Division |
| New Mexico | District Court or Probate Court |
| Maryland, Pennsylvania | Orphans' Court |
| Alabama, Connecticut, Georgia, Maine, Michigan, Ohio, Rhode Island, South Carolina | Probate Court |
| Vermont | Probate Division of the Superior Court |
| Massachusetts | Probate and Family Court |
| Texas | Statutory Probate Court or County Court |
| Alaska, Washington | Superior Court |
| Arizona, California | Superior Court - Probate Division |
| New Jersey, New York | Surrogate's Court |
| Belgium | Notarial System (Notaires) |
| Netherlands | District Courts and Civil Law Notaries |
| Luxembourg | Civil Courts and Notaries |
| Mexico | Civil Courts (Juzgados de lo Familiar or Juzgados Civiles) |
| Argentina | Civil Courts (Juzgados Civiles) |
| Chile | Civil Courts (Juzgados Civiles) |
| Colombia | Family and Civil Courts |
| Peru | Civil Courts and Notaries |
| China | People's Courts (基层人民法院) |
| Japan | Family Courts (家庭裁判所) |
| South Korea | Family Courts (가정법원) |
| India | District Civil Courts (Probate Jurisdiction) |
| Pakistan | District Courts (Probate Jurisdiction) |
| Bangladesh | District Courts (Probate Jurisdiction) |
| Sri Lanka | District Courts (Testamentary Jurisdiction) |
| Philippines | Regional Trial Courts (Probate Jurisdiction) |
| Thailand | Civil Courts |
| Indonesia | Religious and Civil Courts |
| Vietnam | People's Courts |
| Russia | District Courts (Районный суд) |
| Ukraine | District Courts |
| Poland | District Courts (Sąd Rejonowy) |
| Czech Republic | District Courts (Okresní soud) |
| Hungary | District Courts (Járásbíróság) |
| Romania | Civil Courts |
| Greece | Magistrate and First Instance Courts |
| Turkey | Civil Courts of Peace (Sulh Hukuk Mahkemesi) |
| Israel | Family Courts |
| Egypt | Family Courts |
| Morocco | Family and Civil Courts |
| Tunisia | Civil Courts |
| Nigeria | High Courts (Probate Division) |
| Kenya | High Court (Family Division) |
| Ghana | High Court (Probate and Administration Division) |
| Zimbabwe | High Court (Master of the High Court) |
| Namibia | Master of the High Court |
| Botswana | High Court (Probate Jurisdiction) |
| United Arab Emirates | Personal Status Courts |
| Saudi Arabia | Sharia Courts |
| Iran | Family and Civil Courts |
| Iraq | Personal Status Courts |
| Malaysia (Syariah) | Syariah Courts (for Muslims) |
| Brunei | Syariah and Civil Courts |
| Qatar | Family and Civil Courts |
| Kuwait | Personal Status Courts |
| Jordan | Sharia and Civil Courts |
| Lebanon | Religious and Civil Courts |