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England Probate Records: Difference between revisions
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[[England|'''England''' ]] | | [[England|'''England''' ]] | [[England Civil Registration|'''Civil Registration''']] | [[England Census|'''Census''']] | [[England Church Records|'''Church Records''']] |<br> | ||
[[Image:Reading of a Will.jpg|thumb|right|375x287px | [[Image:Reading of a Will.jpg|thumb|right|375x287px]] | ||
== Introduction == | == Introduction == | ||
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*They were recorded much earlier than birth, marriage, and death registration. | *They were recorded much earlier than birth, marriage, and death registration. | ||
Probate records were not created for every person who died. Courts probated estates (with or without a will) for fewer than 10 percent of English heads of households before 1858. However, as much as one- fourth of the population either left a will or was mentioned in one. | Probate records were not created for every person who died. Courts probated estates (with or without a will) for fewer than 10 percent of English heads of households before 1858. However, as much as one-fourth of the population either left a will or was mentioned in one. | ||
While probate records are one of the most accurate sources of genealogical evidence, they must be used with caution. For example, they may: | While probate records are one of the most accurate sources of genealogical evidence, they must be used with caution. For example, they may: | ||
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== Types of Probate Records == | == Types of Probate Records == | ||
'''Will'''. Technically, a will conveys real (immovable) property to heirs after an individual’s death. A registered will is an official copy made by a court clerk. | '''Will'''. Technically, a will conveys real (immovable) property to heirs after an individual’s death. A registered will is an official copy made by a court clerk. Click [[England Probate Records: Sample of Will|'''here''']] to see a sample Will. | ||
'''Testament'''. A testament conveys personal (moveable) property to heirs. The term, will, since early times has commonly referred to both a will and a testament. | '''Testament'''. A testament conveys personal (moveable) property to heirs. The term, will, since early times has commonly referred to both a will and a testament. | ||
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'''Codicil'''. A codicil is a signed, witnessed addition to a will. | '''Codicil'''. A codicil is a signed, witnessed addition to a will. | ||
'''Administration, Letters of Administration, or Admon'''. These refer to a document appointing someone to supervise the estate’s distribution for someone who died "intestate" (without a will). This document gives very little information but may contain some useful clues. The administrator is usually a relative of the deceased. | '''Administration, Letters of Administration, or Admon'''. These refer to a document appointing someone to supervise the estate’s distribution for someone who died "intestate" (without a will). This document gives very little information but may contain some useful clues. The administrator is usually a relative of the deceased. Click [[England Probate Records: Sample of an Administration|'''here''']] to see a sample administration.<br> | ||
'''Admon with Will'''. This record grants administration to someone else when the executor named in the will is deceased or is unwilling or unable to act as executor. A copy of the will is attached. | '''Admon with Will'''. This record grants administration to someone else when the executor named in the will is deceased or is unwilling or unable to act as executor. A copy of the will is attached. | ||
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ENGLAND, [COUNTY] - ORPHANS AND ORPHANAGES | ENGLAND, [COUNTY] - ORPHANS AND ORPHANAGES | ||
ENGLAND, [COUNTY], [CITY or PARISH] - ORPHANS AND ORPHANAGES | ENGLAND, [COUNTY], [CITY or PARISH] - ORPHANS AND ORPHANAGES | ||
== Probating a Will == | == Probating a Will == | ||
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Prior to 1858 the Church of England probated the estates of deceased persons. There were over 300 church probate courts in a hierarchy of jurisdiction and importance. A higher court had jurisdiction when the testator owned property within the jurisdiction of two or more lower courts. Usually the court with primary jurisdiction probated the will, but wealth, status, and convenience could have affected which court was used. The hierarchy of jurisdictions is as follows: | Prior to 1858 the Church of England probated the estates of deceased persons. There were over 300 church probate courts in a hierarchy of jurisdiction and importance. A higher court had jurisdiction when the testator owned property within the jurisdiction of two or more lower courts. Usually the court with primary jurisdiction probated the will, but wealth, status, and convenience could have affected which court was used. The hierarchy of jurisdictions is as follows: | ||
'''Peculiar courts: | '''Peculiar courts: '''Peculiar courts, manor courts, or other special courts had limited jurisdiction over small areas (sometimes just one parish). Most of England was not within the jurisdiction of any peculiar court. | ||
'''Archdeaconry courts:''' | '''Archdeaconry courts:''' Archdeaconries were divisions of a Church of England diocese, and Archdeaconry courts were common probate jurisdictions in most dioceses. However, the diocese of York was divided into rural deaneries. | ||
'''Bishops’ courts:''' | '''Bishops’ courts:''' Also called Episcopal, Commissary, Diocesan, or Consistory courts, bishops' courts were the highest court within each diocese. | ||
Courts such as Court of the Dean and Chapter or Court of the Cathedral often acted on the bishop’s behalf. Records for these cases are often filed with their own court records. | Courts such as Court of the Dean and Chapter or Court of the Cathedral often acted on the bishop’s behalf. Records for these cases are often filed with their own court records. | ||
'''Prerogative Courts:''' | '''Prerogative Courts:''' The prerogative courts of York and Canterbury had jurisdiction when the deceased’s property was in more than one diocese. | ||
The Prerogative Court of Canterbury, the highest court of all, was used for wills of testators who died or owned property outside of England, foreigners who owned property in England, military personnel, persons having property in more than one probate jurisdiction, and often for wealthier individuals. | The Prerogative Court of Canterbury, the highest court of all, was used for wills of testators who died or owned property outside of England, foreigners who owned property in England, military personnel, persons having property in more than one probate jurisdiction, and often for wealthier individuals. | ||
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If a court’s decision was disputed, additional records may be found among later records of the same court or in a court of higher jurisdiction. | If a court’s decision was disputed, additional records may be found among later records of the same court or in a court of higher jurisdiction. | ||
'''Courts of appeal:''' | '''Courts of appeal:''' There were three general courts of appeal. Appeals from the Prerogative Court of Canterbury were to the Court of Arches (of Canterbury). Appeals from the Prerogative Court of York were to the Chancery Court of the Archbishop of York, then to the Prerogative Court of Canterbury. Final appeals from all courts were to the Pope until 1533 and then to the Court of Delegates until 1831. After 1831 final appeals were made to the Privy Council. | ||
Records of the Court of Arches start in 1660. Many of this court’s records are available on microfiche and are indexed in The Index Library. (Family History Library book {{FHL|942 B4b|disp=942 B4b}}, v. 85.)<br> | Records of the Court of Arches start in 1660. Many of this court’s records are available on microfiche and are indexed in The Index Library. (Family History Library book {{FHL|942 B4b|disp=942 B4b}}, v. 85.)<br> | ||
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Call numbers for the records in the Family History Library can be found in the library's catalog. For a current listing of probate records and indexes, follow these instructions. | Call numbers for the records in the Family History Library can be found in the library's catalog. For a current listing of probate records and indexes, follow these instructions. | ||
#Go to the [https://familysearch.org/catalog-search catalog] and type the name of the county in the '''"Place Name'''" search box.Click on the place you want from the drop <br> | #Go to the [https://familysearch.org/catalog-search catalog] and type the name of the county in the '''"Place Name'''" search box.Click on the place you want from the drop <br> | ||
#Click '''Search'''. | #Click '''Search'''. | ||
#Scroll down and click the topic Probate Records or Probate Records-Indexes. | #Scroll down and click the topic Probate Records or Probate Records-Indexes. | ||
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Ecclesiastical jurisdictions, which help determine the court, are given in Samuel Lewis’s Topographical Dictionary of England (see the [[England Gazetteers|Gazetteers]] article) and Frank Smith’s ''A Genealogical Gazetteer of England''. | Ecclesiastical jurisdictions, which help determine the court, are given in Samuel Lewis’s Topographical Dictionary of England (see the [[England Gazetteers|Gazetteers]] article) and Frank Smith’s ''A Genealogical Gazetteer of England''. | ||
For more information, see sections below: Indexes; and Finding Records in the Family History Library. | For more information, see sections below: Indexes; and Finding Records in the Family History Library. | ||
== Principal Probate Registry == | == Principal Probate Registry == | ||
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== Estate Duty Wills and Administrations == | == Estate Duty Wills and Administrations == | ||
Starting in 1796, a tax or death duty was payable on many estates with a certain value. | Starting in 1796, a tax or death duty was payable on many estates with a certain value. Read more about Death or [[Estate Duty Registers|Estate Duty Wills]]. | ||
== Resources == | == Resources == | ||