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Georgia County Court, Probate, Tax and Other Miscellaneous Records

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.

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.

On-Site County Court Records Search - Find nearly any Georgia court record online! Many court records are not digitized yet, which means the only way to obtain these records is by going to the actual courthouses. Someone from our network of court-runners will go retrieve the records and then send you the results. Average response time is 38 hours. Civil Records include Lawsuits, Bankruptcies, Liens and judgments, Marriage/divorce litigation, Child custody, Civil rights violations ands Other. Criminal Records include Violent crimes, Theft and robbery, DUI/DWI's, Drugs and alcohol, Sexual offenses, Some traffic violations, Behavioral.

Even if your ancestor is not mentioned in a probate case, consider all of the other procedures which could have lead to him or her appearing in court records. FOR DEFINITIONS OF ALL COURT TERMS SEE THE GENEALOGY ENCYCLOPEDIA

Georgia Counties with Burned Courthouses

The destruction of Georgia courthouses greatly affects genealogists in every way. No only are these historic structures torn from our lives, so are the records they housed: marriage, wills, probate, land records, and others. Once destroyed they are lost forever. Even if they have been placed on mircofilm, computers and film burn too. The most heartbreaking side of this is the fact that many of our Georgia courthouses are destroyed at the hands of arsonist. However, not all records were lost. Often, folks took their Georgia documents again in for recording after a disaster and later deeds will contain long chains of title, etc.

Below is a list of Georgia Counties and the years the Courthouses were subjected to a disaster. This does NOT mean that ALL RECORDS were lost.

Georgia Court & Land Records

See Also Research In State Court Records and Research In State Land Records and Description of the Land Lotteries of 1805, 1807, 1820, 1821, 1827, 1832, 1832 (Gold), 1833

There is no effective substitute for an on-site search of county courthouse records. County level records have not yet been centralized. No single county's records have been significantly abstracted or transcribed, making a courthouse visit essential. County records vary widely from county to county in both quality and quantity. The FHL has a broad collection of court records from each of Georgia's courts at the county level.

Most surviving pre-1900 county land records, including deeds and land court minutes, are on microfilm at the Georgia Department of Archives and History and the FHL. Many of the mortgage and county plat books are not included in the FHL's microfilm collection. Where Georgians sold lots won in the lotteries, researchers will find that deeds may be valuable sources of genealogical information. Those deeds should have been recorded in the counties where the land was located, but in some cases references may be found in the counties where the owner resided. Land transaction between private individuals are recorded with the clerk of superior court in the appropriate county.

Most land records will be found with the county Clerk of Superior Court. Despite their titles, deeds found in a county recorder’s office may include other legal documents of transfer, such as deeds in fee simple granting absolute ownership; mortgages transferring property rights as security for debts; dower releases waiving wives’ rights; quit-claim deeds releasing whatever title or right is held whether valid or not; deeds of gift transferring land without reciprocal consideration; powers of attorney appointing legal agents; marriage property settlements; bills of sale transferring property that is usually not land; and various forms of contracts, such as leases, partnerships, indenture papers, and other performance bonds. Deed books from before the Civil War and especially in colonial years were more miscellaneous in their contents, even including animal brands, occasional wills, slave manumissions, apprentice papers, petitions, depositions, tax lists, and whatever else the clerk decided to preserve on a convenient page. Through such records a researcher may trace the ownership of land, in some cases for two centuries or more.

Only Georgia has the distinction of distributing lands by lottery. Lands given to Georgia citizens by lotteries from 1805 to 1833 are in the present western and northern three-quarters of Georgia. Lotteries took place in 1805, 1807, 1820, 1821, 1827, and two in 1832. All Georgia citizens were eligible to qualify for a lottery, although the 1820, 1827, and 1832 lotteries also gave special consideration to war veterans. Published lottery books are excellent sources for pinpointing where a Georgia family lived when a lottery was held.

Where Georgians sold lots won in the lotteries, researchers will find that deeds may be valuable sources of genealogical information. Those deeds should have been recorded in the counties where the land was located, but in some cases references may be found in the counties where the owner resided. Land transaction between private individuals are recorded with the clerk of superior court in the appropriate county.

The Superior Court, Georgia's general jurisdiction trial court, has exclusive constitutional authority over felony cases, cases regarding title to land and equity, declaratory judgments, habeas corpus, mandamus, adoptions, name changes, divorces, child custody, and child support enforcement. The clerk is responsible for recording deeds and maintaining the chain of title to all property in the county.

 

Georgia Probate Records

See Also Research In State Probate Records

The office of the probate judge is the county office where the most significant genealogical records are created and maintained in Georgia. A variety of records are housed in this office.

In Georgia, estate records are produced by courts with jurisdiction at the county level beginning in 1777 and with the creation of the county ordinary courts. Prior to that date, most estate matters were handled at the colonial capitol in Savannah. Most all of Georgia's colonial estate, colonial deed, mortgage, and deed of gift records survive at the Georgia Department of Archives and History .

County ordinary courts kept probate records from 1777–98 and began keeping them again in 1852. County inferior courts were responsible for probate matters from 1798–1852. Almost all pre-1900 county probate records are on microfilm at the Georgia Department of Archives and History and the FHL. The Archives also has many loose, original Georgia county records. After 1900, probate records are in the county's ordinary court.

 

Georgia Tax Records

See Also Researching in Tax Records

List of Tax Acts of Georgia from 1780-1817

  • Jul. 31, 1783
  • Feb. 21, 1785
  • Feb. 13, 1786
  • Feb. 10, 1787
  • Feb. 1, 1788
  • Dec. 29, 1789
  • Dec. 22, 1791
  • Dec. 20, 1792
  • Dec. 19, 1793
  • Dec. 29, 1794
  • Feb. 22, 1796
  • Feb. 11, 1797
  • Feb. 2, 1798
  • Feb. 13, 1799
  • Dec. 4, 1799
  • Dec. 1, 1800
  • Dec. 10, 1802
  • Dec. 10, 1803
  • Dec. 12, 1804
  • Dec. 4, 1805
  • June 26, 1806
  • Dec. 8, 1806
  • Dec. 10, 1807
  • Dec. 22, 1808
  • Dec. 10, 1812
  • Dec. 6, 1813
  • Nov. 22, 1814
  • Dec. 16, 1815
  • Dec. 19, 1816
  • Dec. 19, 1817

Legislative Activity for Taxes: 1817-1850

  • 1818-1839: The acts during these years are all based on the tax act of 1817. These tax acts continually revive preceding acts, often with amendments. Many simple tax questions can be answered by a glance at the 1817 law. Complex or refined questions may require consulting the specific act for the year in question and then backward through a chain of revived acts.
  • 1840: This act revives the Tax Act of 1804, with amendments. This was probably an attempt at simplification. The stated intention was to make this act permanent.
  • 1842: This act increased the taxes of 1840 by 25%.
  • 1843-50: The final years of the first half of the nineteenth century the Georgia Legislature re-enacted the 1840 act, which itself was a revival of the 1804 act. The 1847 act did require that taxes be paid in the county in which the land was held in jurisdiction. Previously, the tax had been paid in the county of residence.

The Georgia Department of Archives and History has other tax digests for 1789–1817 which are not included in the above publication. A complete set of originals for the years 1872 to the present is at the Georgia Department of Archives and History . Some earlier digests are on microfilm at the Georgia Archives and the FHL.

 

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