Notarial Records

Notarial records, frequently neglected in genealogical research, constitute a vital yet underutilized resource. Extending across centuries and encompassing numerous jurisdictions, these documents meticulously record legal transactions, property conveyances, marriage contracts, wills, and other binding agreements. Mastering the techniques for accessing and interpreting these sources enables genealogists to uncover critical details regarding ancestors’ lives, economic circumstances, familial connections, and social standing.

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A Brief History of Notarial Records

Notarial records have roots stretching back to the Roman Empire, where officials known as “notarii” documented public and private legal matters. Over the centuries, this practice evolved differently depending on the region:

Medieval Europe: By the Middle Ages, the Catholic Church often regulated notaries, who served as scribes for legal and ecclesiastical documents. These early notaries recorded property transfers, testaments, dowries, and agreements that would otherwise rely solely on memory or oral tradition.
Renaissance and Early Modern Period: In places like Italy, France, and Spain, notarial records became increasingly standardized. Notaries were respected legal professionals who ensured the authenticity, legality, and preservation of contracts and wills. This systematic approach created extensive archives of detailed records stretching back hundreds of years.
Colonial and Post-Colonial Eras: In regions influenced by civil law traditions—such as Quebec, Louisiana, parts of Latin America, and French colonies—European-style notarial systems persisted. Over time, local adaptations evolved, reflecting regional laws, languages, and administrative structures.

How the Role of the Notary Varies by Country

The function and responsibilities of a notary, or notary public, can differ widely depending on the country and its legal system. Understanding these differences is critical when researching genealogical information in notarial records.

Civil Law Countries (e.g., France, Italy, Spain, and Latin America): In these jurisdictions, notaries are highly trained legal professionals. They often hold law degrees, pass rigorous exams, and serve as impartial witnesses and drafters of legal documents. Their records are extensive, covering transactions like property deeds, marriage contracts, wills, and business agreements. Because civil law notaries must record and store these documents for long periods, archives can be incredibly rich sources of genealogical data.
Common Law Countries (e.g., United States, United Kingdom, Canada outside Quebec): In common law systems, notaries often function more simply as impartial witnesses to the signing of documents. They verify identities and ensure that parties are signing willingly. While they may record certain transactions, the scope and breadth of notarial records are often narrower than those found in civil law regions. Consequently, fewer genealogical clues may emerge from notarial documents in these countries, though some specialized notaries (or historical figures who served a similar function) still maintained substantial records.
Former Colonies and Mixed Systems (e.g., Quebec in Canada, Louisiana in the U.S.): Here, you’ll find a blend of civil and common law traditions. In Quebec, for example, notaries have a role similar to that in France. Their records, compiled over centuries, are maintained in notarial archives and represent a goldmine of genealogical and historical information. Louisiana’s legal system, influenced by French and Spanish civil law, also yields uniquely informative notarial archives, particularly for those researching early settlers and families.

Types of Notarial Records Useful for Genealogy

Marriage Contracts: Before official civil marriage registries became widespread, marriage contracts recorded by notaries detailed each party’s assets, familial obligations, and dowries. These records provide insight into family networks, economic conditions, and social agreements.
Testaments and Wills: Wills often list heirs, describe property in detail, and include instructions that can identify extended family members. They can also reveal family conflicts, religious affiliations, and social status.
Property Transfers and Deeds: Deeds and property sales show the movement and wealth of ancestors. Tracking land transfers can reveal generational migration patterns and economic progress or decline over time.
Business Contracts and Apprenticeship Records: These documents can illuminate ancestors’ trades, skills, and business relationships. They also sometimes include biographical details, like ages, addresses, or prior experience.

How to Find and Use Notarial Records for Your Research

Identify the Relevant Jurisdiction: Start by determining where your ancestor lived and during what time period. Different countries (and even different regions within a country) preserved notarial archives in various ways. Knowing the exact location and the relevant historical legal system is key.
Consult Archival Repositories and Online Databases: Many notarial archives are housed in national or regional archives, historical societies, or government repositories. In some cases, digitized notarial records may be available online through genealogical databases or regional archive websites.
- France: Departmental archives often maintain scanned notarial records.
- Italy: State Archives frequently hold centuries-old notarial documents.
- Quebec: The Bibliothèque et Archives nationales du Québec (BAnQ) provide digital access to numerous notarial acts.
- Louisiana: The Louisiana State Archives and New Orleans Notarial Archives hold a treasure trove of documents from the colonial period onward.
Learn to Navigate Finding Aids and Indexes: Notarial records are typically organized by notary’s name, time period, or type of document. Familiarize yourself with indexes, registers, and inventories that guide you to the right set of records. These tools may be published in print, available online, or accessible only at the archive.
Brush Up on Language and Paleography Skills: Historical notarial records are often written in old scripts, archaic languages, or legal jargon. If you’re researching French-Canadian ancestors, for example, you’ll likely need to read old French script. For Spanish records, be prepared for older forms of Spanish and Latin. Consider taking a short course in historical handwriting (paleography) or hire a translator skilled in legal or historical documents.
Analyze the Contents for Context and Clues: When you find a relevant record, read through it carefully. Note all names mentioned—witnesses, neighbors, family members, business partners. Study the property descriptions and locations. Cross-reference with other records, like parish registers, census data, and land surveys, to build a more complete picture of your ancestor’s life.
Extract and Record the Information Systematically: Keep detailed notes and citations of what you find. Record names, dates, relationships, property details, and the name and location of the archive. Good organization helps you piece together patterns and identify ancestral lines more confidently.
Consult Professional Help if Needed: If you hit a language barrier, struggle with older scripts, or cannot locate the right records, consider hiring a professional researcher familiar with the region and time period. Professional genealogists specializing in notarial records can save time and guide you toward the most fruitful sources.

Conclusion

Notarial records can open new doors to understanding your ancestors’ lives. From marriage contracts in Renaissance Italy to property transfers in colonial Quebec, these documents often contain nuggets of genealogical gold. By learning about the history of notarial practices, appreciating regional differences in the role of notaries, and following a systematic approach to research, you can glean information that adds depth, richness, and personal insight into your family history. Whether your lineage traces back to 17th-century French peasants or 19th-century Spanish landowners, notarial records offer a tangible link to the past and help you tell a fuller, more compelling story of your family’s journey.

Learn more about notarial records

Civil Law Notaries – Using Notarial Records to Build a Family History webinar at Legacy Family Tree Webinars
Notary History and Personal Genealogy. LinkedIn Rodney Fife
The Value of Notarial Records in Genealogical Research. Lo Schiavo Genealogica