Facts on Local Court Records

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   Historically, the major purpose of the county system in Vermont was the operation of the county courts, which recorded deeds for unorganized towns, levied county taxes, heard civil and criminal matters, and granted divorces and naturalizations.

Before Vermont became independent (1777), New York and New Hampshire both claimed some county jurisdiction over Vermont land. For this reason, New York and New Hampshire records must be consulted even up to 1791.

Beginning in 1777, each county had one county court which heard both civil and criminal matters. The state supreme court served an appellate function. In 1967 district courts were added, covering territorial units within the counties. District court jurisdiction is not exclusively over criminal cases; it may also hear some civil cases. In 1974, the county courts were renamed superior courts, with countywide jurisdiction over all matters previously entertained by the county courts and not covered by district courts. Beginning in 1990, the superior court functions involving family matters (divorce, child custody, etc.) were transferred to one statewide family court with divisions of that court operating in each of the counties.

The Vermont Public Records Division now has microfilms of county court records for Bennington, Chittenden, and Windsor counties before 1825, with the only index available typed alphabetically by plaintiff for each book. The Division is continuing the microfilming of all the county court records and has completed Addison and Washington counties, although no comparable index exists for these. All of the originals will still be found in the county court offices, although using them is tedious work. Debts are the major subject of litigation in the courts.

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Facts on Local Probate Records

   Probate Records were filed by probate district and not town, and probate districts do not strictly follow county lines. For Vermont's fourteen counties, there have been twenty probate districts. One of those districts, New Haven, disbanded in 1962. By percentage, few Vermonters who died in the state have probate records filed. Many people disposed of their holdings to one or more children in land transactions before death.

Probate records are only indexed by district. Neither a statewide index nor district-wide abstracts exist. District offices have indexes filed by decedent only. Microfilm indexes are available at Vermont Public Records Division and the FHL. Unlike the land records, the Vermont Public Records Division has not extensively continued the microfilming program of probate records. With some exceptions, only the official probate proceedings books were microfilmed to about 1850. Much more information exists in the original probate files that are held in the district itself, along with the probate records after 1850.

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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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