On May 14, 1852, the Indiana General Assembly approved “An act to establish Courts of Common Pleas, and defining the jurisdiction and duties and providing compensation for the Judges thereof.” The Common Pleas Courts were active in Indiana from 1853 to 1872, when they were discontinued.
The Common Pleas Courts had original jurisdiction over probate matters, including:
- Probating wills
- Granting letters testamentary, of administration, and of guardianship
- Settlement and distribution of decedents’ estates
- Personal estates of minors
- Cases against executors and administrators
- Authorizing guardians to sell and convey real estate of their wards
- Appointments of guardians of persons of unsound mind
- Allowances of accounts of executors and administrators and guardians
The Common Pleas Courts had concurrent jurisdiction with the county Circuit Courts for:
- Actions against heirs, devisees, and sureties of executors, administrators, and guardians
- Partitions of real estate
- Assignments of dower
- Appointments of commissioner to execute a deed on any title bond given by a decedent
- Civil cases, when sum due or damages claimed did not exceed $1000, except slander, libel, breach of marriage contract, action on official bond of any State or county officer and where title to real estate was disputed.
Criminal offenses that did not amount to felony, except those where justices of the peace had exclusive jurisdiction, could also be heard by the Common Pleas Court if the person charged with the felony was in custody, agreed to have a trial in Common Pleas Court before a Grand Jury indictment was issued, and the felony was not punishable by death.
Some records have been microfilmed by the Family History Library, but coverage varies by county. For example, all 4 volumes for Ohio County were filmed but only the last 2 volumes for Switzerland County were filmed.