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[[England]] > [[Cheshire]]  
{{Cheshire-sidebar}}
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| link5=[[Cheshire_Probate_Records|Probate Records]]
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==Getting Started==


For an expanation of probate records in England, click [[England Probate Records|here]].  
''Probate'' is the legal court process by which the estate of a deceased person is distributed to his or her heirs. Probate records include [[W genealogical glossary terms|wills]] and [[A genealogical glossary terms|administrations]]. This article is about probate records in Cheshire. See [[England Probate Records]] for a general description of probate records in England.  


== Cheshire Probate Courts  ==
===1858 to the Present===


For a explanation of England probate records, click [[England Probate Records|here]].  
Beginning in 1858, the [[Principal Probate Registry|Principal Probate Registry]] had the authority for probating estates. Click on the link to learn more.


Return to the main [[Cheshire|Cheshire]] page.
====Online Records====


*'''1858-1957''' {{RecordSearch|2451051|England and Wales, National Index of Wills and Administrations, 1858-1957}} at FamilySearch - [[England and Wales, National Index of Wills and Administrations - FamilySearch Historical Records|How to Use this Collection]]; index
*'''1858-1995''' [https://www.ancestry.com/search/collections/1904/ England & Wales, National Probate Calendar (Index of Wills and Administrations), 1858-1995] at Ancestry
*'''1858-2019''' [https://search.findmypast.co.uk/search-world-records/england-and-wales-government-probate-death-index-1858-2019 England & Wales Government Probate Death Index 1858-2019] at Findmypast


*[[Consistory Court of Chester]]
===Before 1858===
*[[Prerogative Court of the Archbishop of Canterbury]]
 
Before 1858, Church of England ecclesiastical courts had authority for this process. To search for a pre-1858 probate record in Cheshire, follow these steps:
 
====Step 1. Search Indexes====
 
Cheshire's probate jurisdictions are well-covered with indexes. Follow these steps for accessing some online indexes to probate records that include individuals who lived in Cheshire. Search these indexes first:
 
1. First search each index (see listed below) to help you more quickly find the will, writing down each detail cited in the index entry such as the year (or date of the will or admon), the page or folio number and town or parish listed:


=== Appeals Courts ===
*A comprehensive and county-wide '''[https://www.cheshirearchives.org.uk/family-history/wills-and-probate-records.aspx Wills index]''' compiled by the Cheshire Record Office. This index covers the years 1492-1940 and contains 130,000 entries. It covers probate documents proved at Chester mainly for the County of Cheshire.
*The following Website specifically covers the parishes of Disley, Lyme Handley; Taxal & Whaley in Cheshire: '''http://www.disley.net'''.
*A new and comprehensive {{RecordSearch|1589492|England, Cheshire Probate Records, 1492-1940 }} is now available at [https://www.familysearch.org FamilySearch]. More information at [[England Cheshire Probate Records - FamilySearch Historical Records]]
*The original will indexes for the [[Court of the Bishop of Chester (Episcopal Consistory)]] for 1545-1858 are available in print by both the Lancashire & Cheshire Record Society and the Chetham Society. These two large publication series cover both Cheshire and Lancashire counties. They are available at many major archives in the United Kingdom such as at the British Library, and Guildhall Library, London, and other like institutions. The FamilySearch Library likewise has most of these printed indexes in book form and/or on microfilm (see below).
*Original handwritten indexes and calendars to the Probate Acts of Wills and Administrations (Admons) from 1492-1857 were created as the probate records were filed and are found with the records (see below).
*The Wills and Inventories a complete transcription 1603 to 1625 of {{FSC|2078074|item|disp=The Ancient Parishes of Malpas, Tilston and Shocklack}}


Any probate that was disputed and could not be settled by the county courts could be sent to these higher appeals courts:
2. Click on the court name (i.e. Court of the Bishop of Chester [Episcopal Consistory] below) to learn more about the records.


*[[Court of Arches]]
3. Accessibility to the indexes:
*[[High Court of Delegates]]


== Historical Background  ==
*Contact or visit the [http://www.cheshireeast.gov.uk/leisure_and_culture/record_office.aspx Cheshire Record Office], ''OR'' you may use their [http://www.cheshireeast.gov.uk/leisure,_culture_and_tourism/record_office/research_service.aspx research service] to obtain a copy of a record.


Probate records of Cheshire, incorporating Cheshire and Lancashire commence from as early as 1474 up to 1857. There are a few Cheshire probate court jurisdictions, some of which hold extensive probate record coverage for these counties and there are a few smaller court jurisdictions called peculiars which only pertain to a small handful of parishes.  
4. You can visit the [https://www.familysearch.org/en/library/ FamilySearch Library] which has microfilm copies of original Cheshire probate indexes and calendars for 1492-1858.  


If you know in which parish your ancestor may have died or lived, go to the "Cheshire Parishes and Their Probate Jurisdictions" section (below) and search by parish name in order to determine the correct or most likely probate court to search, first.
5. {{FSC|821001|title-id|disp=Original wills, bonds, and inventories for Chester only, 1492-1858}}(*) at FamilySearch Catalog


Next, see the above links to each Cheshire probate court jurisdictions in order to obtain further information for researching in the prime probate court for a will.
From an index, did you find a reference to a probate record?


If a search in the most likely probate court jurisidiction proves unsuccessful, then search the next court as listed in ranked order, i.e. "no. 2", and etc.  
*If ''yes'', go to '''Step 3, 4 or 5''' above - any option.
*If ''no'', go to '''Step 3 '''above to contact the Cheshire Record Office for further information.


== Starting Your Search in Indexes  ==
====Step 2. Identify when and where your ancestor died====


1. First search each index (see below) to help you more quickly find the will, writing down each detail cited in the indexed entry.  
Determine ''when'' your ancestor died. If you are not sure, use an approximate date.


2. Proceed to the "Probate Records of This Court" (below) to determine what original probate records exist for this court.  
Determine ''where'' your ancestor died. It is easier to find a probate record if you know whether the place where your ancestor lived or died is a [[P genealogical glossary terms|parish]]. To learn whether it is a parish, look it up in a gazetteer. Here is a link to the 1870 ''Imperial Gazetteer of England and Wales'' online: [https://www.visionofbritain.org.uk/descriptions/index.jsp Vision of Britain]


3. Contact or visit the Chester Record Office, or hire a professional record searcher to view these records on your behalf. Officials may send upon request a list of record searchers.
The gazetteer will either tell you:


4. Visit The Family History Library, or, one of its 4,500 satellite family history centers worldwide and search indexes to probate records then with the information obtained from the index[es] you can search more quickly the original wills and admons also on microfilm via any family history [http://www.familysearch.org/eng/library/FHC/frameset_fhc.asp centers] near you.  
*A place is a parish, or
*What parish it is a part of, or
*What place it is near.


If the latter, look that place up in the gazetteer and see if it is a parish.


== Probate Indexes  ==
Once you have identified the parish, go to '''Step 3'''.


Cheshire's probate jurisdictions are well-covered with indexes; look in this section in each court jurisdiction to find valuable indexes to Cheshire's probate records.
====Step 3. Cheshire's court jurisdiction ====


==== Online indexes ====
Before 1858, all Cheshire parishes were under the primary probate jurisdiction of the Court of the Bishop of Cheshire (Chester).  Secondary courts are also listed in the table below.  


When looking for the will of an ancestor in Cheshire, search the courts in the order given.  Again, search indexes first. 


==== Printed Indexes  ====
Pre-1541 -


Several printed indexes exist for the probate court jurisdictions of Cheshire, but not all. Look in this ("Printed Indexes") section under each Probate court for indexes and the locations for accessing same.
*[[Court of the Bishop of Lichfield (Episcopal Consistory)]]
*[[Prerogative Court of the Archbishop of Canterbury]]


==== Original Handwritten Indexes  ====
Post-1540 -


Indexes and calendars to the Probate Acts of Wills and Administrations (Admons) exist from 1474-1857. Calendars are a kind of index (of the first letter of each surname) to the probate records and admons (administrations).
*[[Court of the Bishop of Chester (Episcopal Consistory)]] - the main court jurisdiction
*[[Exchequer and Prerogative Courts of the Archbishop of York]]
*[[Court of the Peculiar of the Dean and Chapter of York]]
*[[Court of the Chancery of the Archbishop of York]]
*[[Prerogative Court of the Archbishop of Canterbury]]


In addition to the calendars, a majority of the original (unregistered) wills and the registered wills are alphabetically arranged for the ________________________court; most are only arranged chronologically, making will searches without indexes, fairly complex and challenging at best and are likewise organized on the microfilmed probates for these courts at the Family History Library.
====Step 4. Obtain a copy of the probate record====


==== Microfilmed Indexes at the Family History Library  ====
Once you have found an index reference to a probate, obtain a copy of the record. Do so by one of these methods:


The Family History Library has many will and admon (Administration) indexes and calendars which are available on microfilm at the Family History Library covering the years as above mentioned 1258-1858 and may be circulated to each of its satellite Family History Centers (see Court ____________________), or go to this Family History Library Catalog page
*{{FSC|England, Cheshire - Probate records|subject|subject-id=1507948850|disp=Cheshire England Probate Records}}(*) at FamilySearch Catalog - some images may only be available at a [https://www.familysearch.org/centers/locations/ FamilySearch Center or FamilySearch Affiliate Library.]<br>
*Visit or contact the record office that has the original records in its collection.


== Some Explanatory Notes on the Cheshire Courts ==
==Cheshire Probate Courts==


1. No single probate court jurisdiction holds coverage for the whole of the county of Cheshire
Here is a list (again) of the pre-1858 ecclesiastical courts that had probate jurisdiction over Cheshire. The whole of Cheshire was under the Court of the Bishop of Chester (Episcopal Consistory). However, some parishes also came under concurrent jurisdiction or secondary court jurisdictions such as the Exchequer or Prerogative Courts of the Archbishop of York. Click on a court name to learn more about records.  
2. The complexity of probate research in this most populous region of England resides in the fact that Cheshire's layout is semi-complex, incorporating portions of Lancashire and other parts of the north midlands.  
3. Several courts held concurrent jurisdiction with one another thus requiring searching multiple probate courts.
4. Search or utilize the "Cheshire Probate Jurisdictions of Parishes" section in order to determine in which probate court jurisdiction a parish lay.  


== Cheshire Parishes and Their Probate&nbsp;Jurisdictions  ==
*[[Court of the Bishop of Chester (Episcopal Consistory)]]
*[[Exchequer and Prerogative Courts of the Archbishop of York]]
*[[Chancery Court of the Archbishop of York]]
*[[Court of the Peculiar of the Dean and Chapter of York]][[Prerogative Court of the Archbishop of Canterbury|<br>]]
*[[Prerogative Court of the Archbishop of Canterbury]]


Before 1858, every parish was under the probate jurisdiction of a primary court and several secondary courts. For an alphabetical list of Cheshire parishes and the courts that had jurisdiction over them, click on the link for the letter that a parish name begins with.
==Some Explanatory Notes on the Cheshire Courts==


{| cellspacing="1" cellpadding="1" width="300" border="1"
1. Cheshire had no peculiar court jurisdictions in the county. There are several higher probate court jurisdictions which hold concurrent jurisdiction over Chesire. To identify and learn about these courts and their records, click on the "Cheshire Probate Courts" links above.
|-
| &nbsp;[[Cheshire Probate Jurisdictions Parishes A-D|A-D]]
| &nbsp;[[Cheshire Probate Jurisdictions Parishes C-F|C-F]]
| &nbsp;[[Cheshire Probate Jurisdictions Parishes G-H|G-H]]
| &nbsp;[[Cehshire Probate Jurisdictions Parishes I-L|I-L]]
| &nbsp;[[Cheshire Probate Jurisdictions Parishes M-R|M-R]]
| &nbsp;[[Cehshire Probate Jurisdictions S Parishes|S]]
| &nbsp;[[Cheshire Probate Jurisdictions Parishes T-Z|T-Z]]
|}


<br><br>
2. The [[Court of the Bishop of Chester (Episcopal Consistory)]] was sub-divided into basically two courts--a higher or what is termed, a "Supra" court and, a lower or "Infra" court. A majority of Cheshire wills and admons were probated in the "Infra" court.


== Post-1857 Probate Records  ==
'''A wiki article describing this collection is found at:'''


Beginning in 1858, the government took over the settlement of estates and all wills are now probated through the Principal Probate Registry system. The system consists of 11 district registry offices and 18 sub-district registries, located throughout England and Wales, and the Principal Registry Office located in London. The records are available through the office of Her Majesty's Courts Service. To learn more, go to the [http://www.hmcourts-service.gov.uk/infoabout/civil/probate/index.htm HMCS website].
[[England Cheshire Probate Records - FamilySearch Historical Records|England Cheshire Probate Records - FamilySearch Historical Records]]  


A country-wide surname index to the records is available, so it is much easier to look for post-1857 wills. The [http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=titledetails&titleno=208102&disp=Calendar+of+the+grants+of+probate+and+le%20%20&columns=*,0,0 indexes] for 1858-1957 and the records for the [http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=titledetails&titleno=517092&disp=Record+copy+wills%2C+1858%2D1925%20%20&columns=*,0,0 Principal Registry] and the [http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=titledetails&titleno=517092&disp=Record+copy+wills%2C+1858%2D1925%20%20&columns=*,0,0 District Registries] for 1858-1925 are available on microfilm at the Family History Library. <br>
{{Place|Cheshire|Probate Records}}
{{England Probate Records}}


[[Category:England|England]]
[[Category:Cheshire Probate Records]]
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