Arizona 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”. 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:

Arizona 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......

Arizona's judicial system is similar to that of other states in this region. Courts start close to their people and by steps progress to more complicated and further removed cases and jurisdiction. The supreme court functions state-wide and hears extraordinary writs and appeals from the court of appeals, which sits at Phoenix and Tucson, and also hears both writs and appeals from the county superior courts. Each county has a clerk of the superior courts whose function is to maintain the court calendar and records. The superior courts hear both civil and criminal cases of their own, including divorces, as well as appeals from justices of the peace and municipal (or city magistrate or police) courts in their counties. The justice of the peace hears civil and small claims, while municipal courts hear town and city violations.

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• 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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Arizona 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......

Probate records, generated by the legal aspects surrounding a person's death, adoption, or guardianship, are valuable sources in Arizona for solving numerous problems relating to individuals, families, and family relationships. Probate-related records are located in the offices of the clerk of the superior court.

If a person died testate, meaning that a proper last will and testament was prepared, the estate was heard in the county of residence or where property was held. Intestate are filed in the same way. If minor heirs are involved, additional records will be forthcoming, and, depending on the ages of these minors, there names may appear in court records for as long as they remained minors. Note that in the records indicated for probate in the County Resources, two counties list adoptions as well. Counties not indicating such records should also be checked. A search should include a careful examination of all indexes and cases involving all of the pertinent court records in order to uncover all of the information in these materials.

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Arizona 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...

The Arizona State Archives has county tax, license, and assessment rolls for many counties. Some are for a single year, and others are for consecutive years. For specifics on lists available, refer to the archives’ printed Guide, cited under its listing in Archives, Libraries, and Societies.

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