Clerk of Courts

In Pennsylvania counties the clerk of courts holds criminal court records. In many counties with smaller populations, the positions of prothonotary and clerk of courts are merged and held by one individual.

Prothonotary

While the Clerk of Courts maintains criminal court records, the prothonotary is responsible for civil court records. The county prothonotary’s office is where you will find Pennsylvania divorce records and naturalization records.

• Divorce Records beginning in 1804. Prior to this, divorces in Pennsylvania could only be granted by the governor, state legislature, or the Supreme Court, depending on the time period.1
• Naturalization Records prior to 1906, which was when the federal government assumed control of the naturalization process.

Orphans Court Clerk

Pennsylvania’s Orphans Courts include a variety of court actions, including estate disputes arising after a person’s death.2 Also held by Orphans Court Clerks are guardianship records, which can be important for genealogists to find. These records appoint a guardian for minor children after the death of a parent.

The Orphans Court Clerk’s office may also hold the following vital records:

• Birth & Death Records (1893-1905). Before Pennsylvania began statewide birth and death registration in 1906, the counties were tasked with recording births and deaths for a short time. 
• Marriage Records (Beginning in 1885)

In many rural Pennsylvania counties, the Orphans Court Clerk also holds the positions of Recorder of Deeds and Register of Wills.

Recorder of Deeds

The Recorder of Deeds holds records related to real estate transactions including deeds and mortgages. The office also holds military discharge records, but these records are not available to the public.

Register of Wills

As the name suggests, the Register of Wills holds wills and probate records.

Tax Assessment

Tax records can be valuable to genealogists for a number of reasons. The records can offer insight into an ancestor’s economic status, or reveal their occupation. Genealogists can use tax lists to narrow down the timeframe in which an ancestor relocated or died by identifying the year that the individual no longer appeared on a tax roll. Occasionally, tax records can even reveal parent/child relationships. When parents could not afford to pay the school tax for their young children, the head of household and the names of the children may be included on tax lists.

The tax assessment office may hold their county’s historical tax records, but many offices have transferred these records to local historical societies.

County Archives

The following counties have separate archives which store many of the records mentioned above:

• Chester County
• Cumberland County
• Delaware County
• Franklin County
• Lancaster County
• Monroe County
• Montgomery County
• Northampton
• Philadelphia
• York County

Find the Right County for Your Research

Most Pennsylvania counties were originally part of another county. When a new county was formed, the existing records from the new county remained in the original county. Researchers must look for records in the county that existed during their ancestor’s lifetime.

For example, Lackawanna County was formed in 1878 from parts of Luzerne County. The Lackawanna County courthouse in Scranton will only have records beginning in 1878 until present day. If researching an ancestor who lived in Scranton before 1878, their records would be found in the Lackawanna County courthouse.

If you found this article helpful, sign up to receive Lindsey’s Histories’ blog posts in your inbox.

Sources cited:

1. “Vital Records,” https://www.pa.gov/agencies/statelibrary/programs-and-services/research-guides/vital-records.html, Official Website of the Commonwealth of Pennsylvania, accessed 18 June 2025.
2. “Pennsylvania Orphans’ Court 101: All the Basics You Need to Know Before Venturing In,” https://www.skhlaw.com/pennsylvania-orphans-court-101-all-the-basics-you-need-to-know-before-venturing-in/, Smith Kane Holman LLC Blog, accessed 18 June 2025.