Washington 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.

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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:

Washington 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......

Territorial The Organic Act of 1853, which created Washington Territory, also established a judicial system. Judicial power was vested in the state supreme court, district court, probate court, and justice court.

Washington Territory was divided into three judicial districts: eastern Washington was assigned to the First Judicial District, southwestern Washington to the second, and northwestern Washington to the third. In 1886 the Fourth Judicial District was created for the central Washington area.

The three District Court Justices (four after 1886) sat as the Supreme Court for Washington Territory. The supreme court heard all appeals from the district court. The supreme court met annually in Olympia at a time set by the Territorial Legislature.

Cases from the state supreme court could be appealed to the U.S. Supreme Court.

The district court had original jurisdiction in all cases arising under the U.S. Constitution and the laws of Washington 727 Washington Territory. This court heard cases in Chancery (Equity) and Admiralty. Admiralty cases related to offenses committed on the seas and disputes relating to maritime matters. The district court heard divorce cases until 1864, when the Territorial Legislature could grant legislative divorces as well. Documents filed with the district court include naturalizations, admission to the bar, and appointments and bonds of officials. The district court had appellate jurisdiction over probate (see Probate Records) and justice courts.

The justice court set up new counties and provided for the establishment of probate and justice courts. The justice court heard petty criminal and civil cases, where less than $100 in debt or damages was involved. Justices of the peace often heard the original complaint in a case and then referred the case to the district court due to lack of jurisdiction.

The Washington State Archives has a collection of 37,000 civil, criminal, and probate cases heard in Washington’s Territorial District Courts. Called Frontier Justice: Abstracts and Indexes to the Records of the Washington Territorial District Courts 1854–1889, it is indexed by plaintiffs and defendants. Access is through the Washington State Archives or the regional branches (see Archives, Libraries, and Societies). A printed and microfilm version with slightly different title, published in three volumes with four parts, is available at the FHL, however, it is not listed as available for circulation to Family History Centers.

State - The Washington State court system is divided into the supreme court, superior courts, and district courts. The supreme court at Olympia exercises statewide geographic jurisdiction. The state supreme court has final appellate jurisdiction by review of cases from the superior courts. The court determines cases involving constitutional matters, matters of public interest, and those challenging the rule of law.

The twenty-eight supreme courts are the only trial courts of record in the state. They have unlimited jurisdiction. These courts have original jurisdiction over such matters as criminal cases, which includes felonies, misdemeanors, all juvenile matters, and appellate jurisdiction in cases from courts of limited jurisdiction. Superior court cases may be appealed to the state supreme court. Jury trials are available in all cases. Many superior court records are available on microfilm at the Washington State Archives.

Probate records are under the jurisdiction of the superior court, and many are available at the appropriate county courthouses, the state archives, or one of the branch archives.

The sixty-two district courts have limited jurisdiction in criminal cases concurrent with the superior courts regarding all misdemeanors and preliminary hearings for felony cases. Jury trials are available in both civil and criminal cases. Appeals are to the superior courts. The present district courts are not courts of record, and few archival records are held.

Immigration - Immigrants to the state of Washington came through the following ports: Aberdeen, Anacortes, Bellingham, Everett, Friday Harbor, Grey’s Harbor, Olympia, Port Angeles, Port Bernard, Port Wells, Princeton, Raymond, Seattle, South Bend, and Tacoma. Points of entry from Canada to Washington were Blaine, Curlew, Marcus, Oroville, and Sumas. These records are filed with the Seattle passenger and ship arrival lists and cover the period from 1890 to 1957. Customs passenger lists of vessels arriving at Port Townsend and Tacoma (1894–1904), passenger lists of vessels arriving at Seattle from Insular Possessions (1908–17), along with the Seattle passengers lists (1890–1957), lists of Chinese passengers arriving at Seattle and Port Townsend (1882–1916), alien certificates issued as “head tax” to immigrants at Vancouver and Victoria B.C. and surrendered at Seattle (1917–24), and crew lists of vessels arriving at Seattle (1903–17) are all at the National Archives—Pacific Alaska Region, as well as the FHL.

There is a growing statewide index to naturalizations offered by the secretary of state at this site.

• Washington 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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Washington 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......

In Washington, probate courts had original jurisdiction on matters relating to the probate of wills and administration of estates. These courts were empowered to appoint guardians of minors and insane persons, and to conduct adoption and insanity hearings. The probate courts continued to exist independently until 1891, when its functions were assumed by the state superior court system. Those records generated by the probate courts before 1891 were transferred to the custody of the county clerk. These are collected and deposited at the regional branches of the Washington State Archives.

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Washington 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...

Washington’s only tax records are for real and personal property, which were both levied at the county level.

The records are held by the county assessors and the county treasurers. In some cases, the Washington State Archives’ regional branches have acquired older records. These branches are excellent places to begin searching for county tax records. Not all county tax records have survived. Inheritance tax records are on microfilm at the Washington State Archives from 1901 until the tax was discontinued in 1981.

• Washington Tax Books at Amazon.com