Florida County Court, Probate, Tax and Other Miscellaneous Records

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:

Florida Court Records

See Also Research In State Court Probate - 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. It was a civic duty-and they could be fined if they did not attend......

Article five of the Constitution of Florida has simplified locating and using the recorded instruments of the state: all judicial power is now vested in a supreme court, district courts of appeal, circuit courts, and county courts. No other courts may be established by the state, any political subdivision, or any municipality. Under a 1973 reorganization of the judicial system, the clerk of courts in each county was made, and remains, custodian of all records of all predecessor courts, whether justice of the peace, city, county, probate, civil, or criminal.

Florida Immigration Records -  Florida immigration records, as such, are rare. Most of the early settlers came overland from the neighboring states to the north but below the Mason-Dixon Line, and the majority of them were from Georgia; however. There were some seaports through which immigrants came into the territory and state, but most of the recorded activity was as late as the turn of this century. There are copies and transcripts of customs passenger lists for Key West (1837-52, 1857-68), for St. Augustine (1821-22, 1822-24, 1827, 1875), and St. Johns (1865) on National Archives microfilm M575, for which the 188 rolls of M334 are an alphabetical index (Key West, reel 4; St. Augustine and St. Johns, reel 16).

National Archives microfilm publication T940 is forty-one rolls of Passenger Lists of Vessels Arriving at Key West, 1898-1945, and T517 comprises a twenty-six-roll Index to Passenger Lists of Vessels Arriving at Miscellaneous Ports in Alabama, Florida, Georgia, and South Carolina, 1890-1924. Fortunately, the latter is arranged alphabetically by name of the passenger rather than by the port. A number of post-1899.

The National Archives-Southeast Region has naturalization petitions and records from the U.S. district court at Key West (1867-1948) and Miami (1913-48). Naturalizations prior to 1907 can be found in the files of some circuit courts, such as in Escambia (1821-1903), Hillsborough (1899-present), and Putnam (1853-1906) counties. They often are not indexed separately.

Florida Territorial Records - Volumes 22-26 of The Territorial Papers of the United States (Washington, D.C.: Government Printing Office, 1956-65) list the names of thousands of Florida residents between 1821 and 1845 in hundreds of letters, reports, and petitions ("memorials") of the territorial period. Information varies, but the wide coverage and excellent index make the volumes essential to a full understanding of the people and their era. Most large libraries in the United States have these, as do college and university collections.

Not all territorial papers are included in the above volumes, however. The Territorial Papers of the United States Senate, 1789-1873: Florida 1806-1845 (National Archives and Records Administration M200, rolls 9-11); State Department Territorial Papers, Florida, 1777-1824 (M116, 11 rolls); and Territorial Papers of the United States: The Territory of Florida, 1821-1845 (M721, rolls 14-16) are also potential sources, but many of the territorial papers generated have never been filmed.

Florida Election Records - The Florida state archives has 2,000 folders of important early election records. Voter rolls have an advantage over deeds; if an individual voted in a jurisdiction, he lived there. Land records can be misleading on absentee owners, but election records were sworn documents requiring proof of residence, usually six months in the county, two years in the state. The files are arranged by year, and thereunder by county, but they must be used in person; there is no index in existence or planned. These voter rolls and returns list the names of candidates, clerks, and inspectors in local, state, congressional, referendum, and militia elections from 1824. Until 1865 each voter's name and precinct of residence is listed. Not all such records have reached the archives, however, and many courthouse clerks are unaware that some remain in their custody and may have to be cajoled into locating and producing them or allowing the researcher to do so.

Among the most useful records for those tracing ancestors at the time of statehood are the returns of the first statewide election, held on 26 May 1845.

Another voter record of genealogical significance is the 1868 Florida Voter Registration, which required an oath of allegiance to the U.S. government. It was also the first voter enrollment open to blacks. While it is not indexed nor complete for all counties, this important re-registration for the post-war constitutional convention election includes name, qualifying date, race, length of residence, nativity by state, and naturalization. The rolls are arranged by county and thereunder by the date of individual registration. These records compiled in the turbulent times of Reconstruction help to determine in many cases that an individual survived the Civil War (though absence of a particular man is not proof of the contrary). They can also aid in backtracking immigrants from other states.

• Florida Court Books at Amazon.com
• Court, Land, Wills & Financial - Court records are an often overlooked, yet very valuable tool for finding information to assist you in your research. Land records, such as deeds, allow you to tie an ancestor to a specific place at a point in time. Other court records like those dealing with finances and estates often list related family members or give interesting details like the total value of property owned by your ancestors to add interest to your family history.
• Immigration & Emigration - As our ancestors moved from one country to another, details about their lives were recorded on passenger lists and government documents. Immigration and emigration records can help you learn where your ancestors originally came from, where they went, when they left, who they traveled with, and more.
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Florida Probate Records

See Also Research In State Probate Records - Probate records include a variety of documents created to support court proceedings in the settlement of an individuals' estates. The number and type of probate records created may vary over time in different jurisdictions and due to the amount of real and personal property involved. The various documents generated in the probate process are rarely filed together......

Florida probate records include the wills, intestacy administrations, bonds, inventories and appraisements, guardianships, and property divisions familiar in most states. The records formerly held by probate courts have been transferred to the counties' clerks of courts and are readily accessible in most jurisdictions. The searcher who relies upon the recorded documents and fails to examine the bundled paper packets, however, may miss valuable clues. Territorial Papers and land records for Florida may, also, contain lineage information.

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Florida Tax Records

See Also Researching in Tax Records - Things taxed have included carriages and watches, windows and whiskey, land and slaves. Taxes on documents and tea helped start a war. Arkansas Territory’s sudden tax on bounty lands in the 1820s was enacted and due before the news had time to reach out-of-state owners, permitting the quick seizure and sale of “delinquent” lands. As this variety suggests, name lists of such taxes must be used with a cautious understanding of who should be on the list and who should not...

Early tax rolls, especially between census years, can be a gold mine for the fortunate researcher. Most existing rolls can be found in the counties of origin, but the Flordia State Archives also has some bound volumes sent to the state comptroller during the period 1829-81. Normal information includes the taxpayer's name, land ownership, number of white males (above taxable age, 21) and slaves, horses, wagons, and other taxable items of personal property such as jewelry, watches, musical instruments, and carriages. Many of the counties' records in the series are incomplete, but there are some in the Florida State Archives that the originating counties no longer have. This valuable resource is not indexed. It must be searched in the county, at the Florida State Archives, or both.

Personal property tax records have been published for a few counties. Tax lists, along with other sources, are being used to reconstruct the lost 1890 federal population census.

• Florida Tax Books at Amazon.com