Facts on Local Court Records

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   Court names and jurisdictions in Texas changed over time. The history of Texas court records with dates and jurisdictions is more thoroughly outlined in the Kennedys' Genealogical Records in Texas than can be done here. Although English common law is the basis for the court system in Texas, modifications are allowed as dictated by situations. These were usually changes based upon Spanish law which proved beneficial to settlers.

From 1836 through 1891 the highest court, the state's Supreme Court, heard only appellate cases and functioned as a circuit court, holding hearings in Austin, Galveston, and Tyler for three-month sessions, annually. Supreme court records from 1838 to 1940, including litigants' records in appellate civil and criminal cases, are housed in the Archives Division of Texas State Library.

In 1891 the Court of Criminal Appeals was established to hear criminal cases thereby reducing the case load of the Supreme Court to hear only appeals of civil disputes. The Supreme Court Record Group, held in the Archives Division of the Texas State Library, contains approximately 4,500 cases. Unfortunately a large number of files for 1840-53 are lost. Records available include case files, dockets, minute books, and opinions. Published opinions are available for all years except 1844-45. It is best to check the published records available at the archives division covering the periods 1840-44 and 1846-1963 with a direct and reverse card index to the case file numbers for the period 1836-1893. For phone or correspondence requests the Archives' staff will check the card index and case file if the case file number is referenced in the card index or can be furnished. Some original records are too delicate to be copied.

The county Commissioners Court conducts the daily business for each county, among other duties, setting tax rates and county budgets for such categories as schools, roads and the poor. The county clerk serves as the clerk to the Commissioners Court. A large number of records about the daily lives of county residents are kept, as a result, by the county clerk. In counties with less than 8,000 population one recorder/clerk serves Commissioners Court and both county and district courts.

County courts operated from 1836, but were abolished, temporarily, in 1869. Their jurisdiction was transferred to district courts until 1876 when county courts were reinstated. County Courts hear most misdemeanor, civil, probate, and guardianship cases, all recorded by the county clerk, along with other instruments such as cattle brands, deeds, and marriage licenses. Naturalization records are found, prior to 1906, in county court records.

District Courts, one for each county, are the principal trial courts in Texas and serve as the court of appeal in probate matters (from County Court) and for the Commissioners Court. District courts have original jurisdiction in felonies, divorce, land title, name changes, and after 1931—adoption. In the 1890s separate divorce minutes appeared. After 1906 the district court continued to handle naturalization matters.

Justice of the peace courts, often called “Poor Man's Court,” were established in 1845. They handle civil and criminal matters under $200 and issue warrants and writs. In towns of 2,500 or less, these courts act as registrar of vital statistics.

As a result of the destruction of records in the adjutant general's office when it burned in 1855, a Court of Claims was established from 1856 to 1861 to hear cases against the republic and state for claims of money or land. Approximately two-thirds of the applicants' cases were denied. The Old and New “Dockets” list applications. Court approved records relating to nearly 4,500 headright certificates, over 2,000 bounty warrants, more than 650 donation certificates, almost 500 scrip certificates and rejected claims are deposited in the General Land Office.

Immigration Records

  "Both New Orleans and Galveston served as ports of entry for those who immigrated and settled in Texas. Some early immigrants entered at New Orleans. The National Archives-Southwest Region in Fort Worth is the regional location for the archives' extensive microfilm collection of immigration lists. The FHL has microfilm copies of passenger lists for New Orleans from 1820-1921 and indexes to 1952; also, the FHL has copies for Galveston, 1846-71, 1893, and 1896-1921, with indexes grouped from 1896-1906 and 1906-51. Prior to 1852 there is no separate index to passengers.

• Search Immigration & Naturalization Records from All States
• Galveston Passenger Lists, 1896-1948
• Atlantic Ports, Gulf Coasts, and Great Lakes Passenger Lists, Roll 3: Galveston Texas 1846-1871

Naturalization Records

  The Republic of Texas had no naturalization requirement. Consequently no such records exist before 1846. After statehood and prior to 1906, naturalization records in Texas are found in both the county and district courts in the respective county. The records may be found in county court minutes, county court civil minutes, probate minutes, commissioners court minutes, or in separately maintained volumes. The Act of Congress of 1906 limited naturalization to state courts without original jurisdiction, and Texas county district courts met that requirement. Declarations, affidavits, orders of admission, and other documents are maintained by those courts and the U.S. Federal District Courts.

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Facts on Local Probate Records

   Probate proceedings in Texas are under the jurisdiction of the respective county court clerk except in more largely populated counties where probate courts may fill that function instead. Wills, court orders, letters of administration, inventories, sales, accounts, guardianship, and final accounts are all found in the probate minutes, though they may be filed separately. Probate appeals from either the county or probate court are heard by district courts. Between 1869-76, when the office of county clerk was temporarily abolished, some probate records were filed in District Court Civil Minutes or District Court Minutes.

The WPA published a series of indexes to probate cases for some of the Texas counties. During the 1980s the set was reprinted as Index to Probate Cases of Texas (n. p.: n. pub.) and included the following counties: Atascosa, Bowie, Brazoria, Brazos, Brown, Camp, Chambers, Coleman, Delta, Franklin, Gregg, Guadalupe, Hardin, Hays, Liberty, Marion, Morris, Newton, Nolan, Orange, Robertson, Runnels, Rusk, San Saba, Shelby, Titus, Trinity, Waller, Williamson, and Wood.

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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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