Facts on Local Court Records

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   The Northwest Ordinance provided a flexible framework of government that operated in the region until Wisconsin Territory was formed in 1836. Government control over the area of Wisconsin was, however, minimal during the territorial periods. Civil law at the wilderness outposts of Prairie du Chien and Green Bay was difficult, if not impossible. Travel was dangerous, literate citizens were few and far between, and the upper Mississippi fur-trading frontier seemed somewhat capable of governing itself.

Beginning in the 1820s justices of the peace were appointed. Early records from Green Bay's justices of the peace can be found in the Grignon, Lawe, and Porlier Papers, 1712–1884, at the State Historical Society of Wisconsin.

Lewis Cass, who had been appointed governor of Michigan Territory in 1813, began making county divisions and announcing civil offices in 1818. The justice courts dealt with minor civil cases of $20 or less. County courts covered civil cases not to exceed $1,000 and noncapital criminal cases. The supreme court, meeting annually in Detroit, had jurisdiction for larger civil cases, appeals from lower courts, and capital criminal cases. In the winter of 1822–23, a separate circuit court was established for the three western counties of Michigan Territory. The new court was, in effect, a supreme court. It was not given a title, however, and was generally called an “additional court.” Native Americans accused of crimes were not included in the jurisdiction of the court unless a white person was involved.

When Wisconsin Territory was created in 1836 the judicial system included a supreme court, district courts, probate courts, and justice of the peace courts, which were retained when statehood was attained in 1848. There were territorial courts in Green Bay, Prairie du Chien, and Mineral Point.

County Government in Wisconsin, Vol. 2 (Madison, Wis.: Wisconsin Historical Records Survey, 1942), explains the creation, structure, and function of courts in Wisconsin. Probate and related files can be found in the county courts, while criminal and civil cases are in the circuit courts. Old court records are generally still located in the county's courthouse.

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Facts on Local Probate Records

   Probate records in Wisconsin include wills, guardianship, administrator or executor bonds, and inventories. They are the responsibility of the register of probate for the county. Records were usually established with the formation of the county. The FHL has microfilmed some Wisconsin probate files.

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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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