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Locate Court Documents or Legal Agreements
Property & Assets
Court documents may include divorce decrees, custody orders, judgments, or settlement agreements that affect the estate. These documents establish legal obligations and rights that survive death. Check home files and contact any attorneys who represented the deceased.
Frequently Asked Questions
Legal
What types of court documents should I look for?
Search for divorce decrees, child custody orders, restraining orders, pending lawsuits, bankruptcy filings, judgments or liens, adoption records, name change orders, and any settlement agreements. These documents can affect estate distribution, beneficiary designations, and legal obligations. A divorce decree may require specific asset distributions that override the will.
What if the deceased had pending lawsuits?
Notify the deceased's attorney and the court immediately. Pending lawsuits do not automatically end at death—most survive and become claims by or against the estate. The executor must be substituted as the party in the case, which requires filing a motion with the court. Consult a litigation attorney promptly, as court deadlines continue to run even after a death.
Process
Where can I search for court records?
Start with the county courthouse in every county where the deceased lived. Federal court records are available through PACER (Public Access to Court Electronic Records) at pacer.uscourts.gov for $0.10 per page. Many state courts offer free online case searches. Check both civil and criminal records. An attorney or paralegal service can conduct a comprehensive multi-jurisdiction search for $200-$500.
What is PACER and how do I use it?
PACER is the federal system for accessing U.S. district, bankruptcy, and appellate court records online. Create a free account at pacer.uscourts.gov. Searches cost $0.10 per page, capped at $3.00 per document. Fees are waived if you accrue less than $30 in a quarter. Search by the deceased's name to find any federal lawsuits, bankruptcy filings, or tax court cases.