Facts on Local Court Records

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   Since West Virginia was a part of Virginia until 1863, its court system matches that of the parent state (see Virginia-Court Records). The Historical Records Survey Collection on microfilm at the West Virginia and Regional History Collection and the FHL includes court minutes and order books. Usually intermingled in court records, particularly those for the county's circuit court, are naturalizations, emancipation records for blacks, school commissioners' reports, and cattle brands.

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Facts on Local Probate Records

   When western Virginia was a part of the Commonwealth of Virginia, estate records were produced by civil courts on the county level, such as county and circuit courts. Wills, administrations, guardianships, appraisals, and settlements are some of the records related to a person's estate or probate record. West Virginia continued in the same tradition by recording probate matters in the county courts. Most probate/estate matters were recorded in "will books." Original will books are available at the county clerk's office; however, most will books prior to 1968 have been microfilmed and are available at the Archives and History Library, West Virginia and Regional History Collection in Morgantown and the FHL.

A number of early Virginia and later West Virginia will books have been abstracted and published. The Archives and History Library in Charleston, West Virginia and Regional History Collection in Morgantown, and the FHL have collections of these works, and many other libraries nationwide have some printed will abstracts.

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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:

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