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'''1858: ''' The Principal Probate Registry, a civil government system, replaced all earlier probate courts. | '''1858: ''' The Principal Probate Registry, a civil government system, replaced all earlier probate courts. | ||
=== Laws and Customs === | ==== Laws and Customs ==== | ||
The English system historically has allowed a portion of a person’s property to be divisible by will or testament. That portion changed over time according to circumstances, locality, and number of surviving heirs. For example, the unrestricted right to dispose of personal property by will was granted in the province of York in 1693, and widow’s third (a widow’s right to one-third of her husband’s estate) was barred in 1833. | The English system historically has allowed a portion of a person’s property to be divisible by will or testament. That portion changed over time according to circumstances, locality, and number of surviving heirs. For example, the unrestricted right to dispose of personal property by will was granted in the province of York in 1693, and widow’s third (a widow’s right to one-third of her husband’s estate) was barred in 1833. | ||
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Until 1833 real property could be "entailed." This specified how property would be inherited in the future. An entail prevented subsequent inheritors from bequeathing the property to anyone except the heirs specified in the original entail. | Until 1833 real property could be "entailed." This specified how property would be inherited in the future. An entail prevented subsequent inheritors from bequeathing the property to anyone except the heirs specified in the original entail. | ||
=== Guardianship === | ==== Guardianship ==== | ||
When a father or widow died leaving minor children, relatives usually took the children without court sanction. Sometimes the court appointed a guardian or curator to look after the children’s interests until they were 21. If a child was under marriageable age (12 for girls and 14 for boys), guardianship was called "tuition." If the child was of marriageable age but under 21, it was called "curation." | When a father or widow died leaving minor children, relatives usually took the children without court sanction. Sometimes the court appointed a guardian or curator to look after the children’s interests until they were 21. If a child was under marriageable age (12 for girls and 14 for boys), guardianship was called "tuition." If the child was of marriageable age but under 21, it was called "curation." | ||
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'''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. | '''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 [http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=titlehitlist&columns=*%2C0%2C0&callno=942+B4b 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 [http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=titlehitlist&columns=*%2C0%2C0&callno=942+B4b 942 B4b], v. 85.)<br> | ||
=== Locating Probate Records<br> === | ==== Locating Probate Records<br> ==== | ||
There are three steps to locating probate records. | There are three steps to locating probate records. | ||
*Determine when and where the will might have been proved. | *Determine when and where the will might have been proved. | ||
*Determine the court or courts that had jurisdiction. | *Determine the court or courts that had jurisdiction. | ||
*Search the indexes and records of the court or courts. | *Search the indexes and records of the court or courts. | ||
=== What You Are Looking For === | ==== What You Are Looking For ==== | ||
You are looking for a pre-1858 probate record for one of your ancestors, which could be a will or an administration with related documents. The information you will find varies from record to record. The records may provide: | You are looking for a pre-1858 probate record for one of your ancestors, which could be a will or an administration with related documents. The information you will find varies from record to record. The records may provide: | ||
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*An inventory of the deceased's personal property. | *An inventory of the deceased's personal property. | ||
=== Determining the Court === | ==== Determining the Court ==== | ||
There are several probate courts having jurisidiction in an English county. Articles in this Wiki will tell you how to discover the names of the courts having jurisdiction over your place, and details about the records. To find one of these articles, type the title (name of the county) Probate Records in the search box. For example, if you want to learn about probates in Cumberland, search for the title Cumberland Probate Records. | There are several probate courts having jurisidiction in an English county. Articles in this Wiki will tell you how to discover the names of the courts having jurisdiction over your place, and details about the records. To find one of these articles, type the title (name of the county) Probate Records in the search box. For example, if you want to learn about probates in Cumberland, search for the title Cumberland Probate Records. | ||
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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 [http://www.familysearch.org/Eng/Library/FHLC/frameset_fhlc.asp catalog] | #Go to the [http://www.familysearch.org/Eng/Library/FHLC/frameset_fhlc.asp catalog] and click '''Place Search'''. | ||
#Type the name of the county in the "Place" box and England in the "Part of" box, and click '''Search'''. | |||
#Type the name of the county in the "Place" box and England in the "Part of" box, and click Search. | #Click the locality. | ||
#Click the locality | |||
#Scroll down and click the topic Probate Records or Probate Records-Indexes. | #Scroll down and click the topic Probate Records or Probate Records-Indexes. | ||
#Click a title on the | #Click a title on the '''Topic Details '''screen for a court. | ||
#Click the View Film Notes button in the top right corner to find the film number. If the button isn't there, the item isn't on film and a book number will be given.<br> | #Click the '''View Film Notes''' button in the top right corner to find the film number. If the button isn't there, the item isn't on film and a book number will be given.<br> | ||
A court may also be determined by using the sources listed under the heading "Records Not at the Family History Library" in this section. From 1796 to 1858, Estate Duty Indexes can be used to determine the court (see the heading, "Indexes" that follows for more information). | A court may also be determined by using the sources listed under the heading "Records Not at the Family History Library" in this section. From 1796 to 1858, Estate Duty Indexes can be used to determine the court (see the heading, "Indexes" that follows for more information). | ||
Ecclesiastical jurisdictions, which help determine the court, are given in Samuel Lewis’s Topographical Dictionary of England (see the | 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 | For more information, see sections below: Indexes; and Finding Records in the Family History Library. | ||
== Post-1857 Probate Courts == | == Post-1857 Probate Courts == | ||
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*Amount of the estate. | *Amount of the estate. | ||
To learn more, read [http://www.nationalarchives.gov.uk/catalogue/RdLeaflet.asp?sLeafletID=168 Probate Records] and [http://www.nationalarchives.gov.uk/catalogue/RdLeaflet.asp?sLeafletID=219 Wills and Death Duty Records, after 1858]. | To learn more, read leaflets from The National Archives titled [http://www.nationalarchives.gov.uk/catalogue/RdLeaflet.asp?sLeafletID=168 Probate Records] and [http://www.nationalarchives.gov.uk/catalogue/RdLeaflet.asp?sLeafletID=219 Wills and Death Duty Records, after 1858]. | ||
The Family History Library has film copies of the indexes,1858-1957 and wills, 1858-1925. Films can be viewed in the library or in [http://www.familysearch.org/eng/library/FHC/frameset_fhc.asp family history centers]. Search the Family History Library Catalog to find the film numbers. | The Family History Library has film copies of the indexes,1858-1957 and wills, 1858-1925. Films can be viewed in the library or in [http://www.familysearch.org/eng/library/FHC/frameset_fhc.asp family history centers]. Search the Family History Library Catalog to find the film numbers. | ||
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*[http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=titledetails&titleno=443192&disp=Record+copy+wills+from+the+District+Prob%20%20&columns=*,0,0 Record copy wills from the District Probate Registries, 1900-1925] | *[http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=titledetails&titleno=443192&disp=Record+copy+wills+from+the+District+Prob%20%20&columns=*,0,0 Record copy wills from the District Probate Registries, 1900-1925] | ||
6. Click '''View Film Notes''' in the top right corner to see the film numbers.<br> | 6. Click '''View Film Notes''' in the top right corner to see the film numbers.<br> | ||
The [http://www.hmcourts-service.gov.uk/cms/1226.htm HMCS] website has a list of frequently asked questions about obtaining copies of probate records and The National Archives has produced a [http://www.nationalarchives.gov.uk/catalogue/rdleaflet.asp?sLeafletURL=http%3A%2F%2Fwww.nationalarchives.gov.uk%2Fcatalogue%2Fleaflets%2Fri2301.htm&lBack=-1 guide] to these records. Two record offices in England have copies of these records. Find addresses by click [http://www.nationalarchives.gov.uk/familyhistory/wills/step2.htm here]. Some record offices and local studies centers have indexes. To see a partial list, click [http://www.genuki.org.uk/big/eng/Probate.html here].<br> | The [http://www.hmcourts-service.gov.uk/cms/1226.htm HMCS] website has a list of frequently asked questions about obtaining copies of probate records and The National Archives has produced a [http://www.nationalarchives.gov.uk/catalogue/rdleaflet.asp?sLeafletURL=http%3A%2F%2Fwww.nationalarchives.gov.uk%2Fcatalogue%2Fleaflets%2Fri2301.htm&lBack=-1 guide] to these records. Two record offices in England have copies of these records. Find addresses by click [http://www.nationalarchives.gov.uk/familyhistory/wills/step2.htm here]. Some record offices and local studies centers have indexes. To see a partial list, click [http://www.genuki.org.uk/big/eng/Probate.html here].<br> | ||
== Estate Duty Wills and Administrations == | == Estate Duty Wills and Administrations == | ||
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#Click '''View Film Notes''' in the top right corner to see the list of films. | #Click '''View Film Notes''' in the top right corner to see the list of films. | ||
Unless you are sure the name of the court, search the indexes for the district courts as well as the principal registry. Read more about these records in the research guides produced by The National Archives in England.<br>[http://www.nationalarchives.gov.uk/catalogue/RdLeaflet.asp?sLeafletID=107 Death Duty Records, From 1796].<br>[http://www.nationalarchives.gov.uk/catalogue/RdLeaflet.asp?sLeafletID=245 How to Interpret Death Duty Registers].<br> | Unless you are sure the name of the court, search the indexes for the district courts as well as the principal registry. Read more about these records in the research guides produced by The National Archives in England.<br>[http://www.nationalarchives.gov.uk/catalogue/RdLeaflet.asp?sLeafletID=107 Death Duty Records, From 1796].<br>[http://www.nationalarchives.gov.uk/catalogue/RdLeaflet.asp?sLeafletID=245 How to Interpret Death Duty Registers].<br> | ||
== Locating Probate Records == | == Locating Probate Records == | ||
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An extensive collection of probate indexes are part of the following work: | An extensive collection of probate indexes are part of the following work: | ||
''The Index Library''. London, England: British Record Society, 1888– (Family History Library book [http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=titlehitlist&callno=942+B4b&first=1&last=100&columns=*,0,0 942 B4b]).A listing of ''The Index Library'' volumes is available at the [http://www.bl.uk/reshelp/findhelpsubject/history/history/artsandhumanitiesbritishrecordsocietyindexlibrary/brsindex.html British Library website].<br> | ''The Index Library''. London, England: British Record Society, 1888– (Family History Library book [http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=titlehitlist&callno=942+B4b&first=1&last=100&columns=*,0,0 942 B4b]).A listing of ''The Index Library'' volumes is available at the [http://www.bl.uk/reshelp/findhelpsubject/history/history/artsandhumanitiesbritishrecordsocietyindexlibrary/brsindex.html British Library website].<br> | ||
The records of the '''Prerogative Court of Canterbury''', for 1384-1858, are indexed online through the website of the National Archives of the United Kingdom and their feature [http://www.nationalarchives.gov.uk/documentsonline/ DocumentsOnline]. | The records of the '''Prerogative Court of Canterbury''', for 1384-1858, are indexed online through the website of the National Archives of the United Kingdom and their feature [http://www.nationalarchives.gov.uk/documentsonline/ DocumentsOnline]. | ||
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Prerogative Court of Canterbury Wills Index 1750-1800<br>[http://www.originsnetwork.com/help/popup-aboutbo-boe.htm http://www.originsnetwork.com/help/popup-aboutbo-boe.htm] | Prerogative Court of Canterbury Wills Index 1750-1800<br>[http://www.originsnetwork.com/help/popup-aboutbo-boe.htm http://www.originsnetwork.com/help/popup-aboutbo-boe.htm] | ||
Bank of England Will Extracts Index 1717-1845<br>For links to other online indexes, go to the [http://www.genuki.org.uk/big/eng/ GENUKI] website and click on the links for your county of interest and the topic of Probate Records. | Bank of England Will Extracts Index 1717-1845<br>For links to other online indexes, go to the [http://www.genuki.org.uk/big/eng/ GENUKI] website and click on the links for your county of interest and the topic of Probate Records. | ||
=== Principal Probate Registry (1858-1957) === | === Principal Probate Registry (1858-1957) === | ||
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Index film numbers are found in the Library's [http://www.familysearch.org/Eng/Library/FHLC/frameset_fhlc.asp catalog]. Do a Place search for England and the topic of Probate Records--Indexes. The record title begins "Calendar of the grants..." | Index film numbers are found in the Library's [http://www.familysearch.org/Eng/Library/FHLC/frameset_fhlc.asp catalog]. Do a Place search for England and the topic of Probate Records--Indexes. The record title begins "Calendar of the grants..." | ||
The films may be viewed at the library or ordered through a [http://www.familysearch.org/Eng/Library/FHC/frameset_fhc.asp family history center]. | The films may be viewed at the library or ordered through a [http://www.familysearch.org/Eng/Library/FHC/frameset_fhc.asp family history center]. | ||
=== Estate Duty Wills and Administrations<br> === | === Estate Duty Wills and Administrations<br> === | ||
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The Family History Library has a large collection of probate records. Follow these instructions to find them. | The Family History Library has a large collection of probate records. Follow these instructions to find them. | ||
#Go to the [http://www.familysearch.org/eng/Library/FHLC/frameset_fhlc.asp Family History Library Catalog] | #Go to the [http://www.familysearch.org/eng/Library/FHLC/frameset_fhlc.asp Family History Library Catalog] and click Place Search. | ||
#Type the name of a county in the first box. Type England in the second box. | #Type the name of a county in the first box. Type England in the second box. | ||
#Click Search. | #Click Search. | ||
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[http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=titledetails&titleno=817853&disp=Index+to+death+duty+registers+in+the+Est%20%20&columns=*,0,0 Index to death duty registers in the Estate Duty Office, 1812-1903] | [http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=titledetails&titleno=817853&disp=Index+to+death+duty+registers+in+the+Est%20%20&columns=*,0,0 Index to death duty registers in the Estate Duty Office, 1812-1903] | ||
Films may be viewed at the library or ordered through a family history center. | Films may be viewed at the library or ordered through a family history center. | ||
== Records Not in the Family History Library == | == Records Not in the Family History Library == | ||
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Gibson, J. S. W. ''A Simplified Guide to Probate Jurisdictions: Where to Look for Wills''. Third Edition. Solihull, England: Federation of Family History Societies Publications, Limited, 1985, updated 1988. (Family History Library book [http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=titlehitlist&columns=*%2C0%2C0&callno=942+P23g 942 P23g] 1985.) This lists probate courts and records with the location of and dates covered by original records. | Gibson, J. S. W. ''A Simplified Guide to Probate Jurisdictions: Where to Look for Wills''. Third Edition. Solihull, England: Federation of Family History Societies Publications, Limited, 1985, updated 1988. (Family History Library book [http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=titlehitlist&columns=*%2C0%2C0&callno=942+P23g 942 P23g] 1985.) This lists probate courts and records with the location of and dates covered by original records. | ||
Gibson, J. S. W. ''Wills and Where to Find Them''. Chichester, England: Phillimore and Company, Limited, 1974. (Family History Library book [http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=titlehitlist&columns=*%2C0%2C0&callno=942+S2gw 942 S2gw].) This discusses probates by county with a list of courts, records, and records offices. Includes basic maps and glossary. | Gibson, J. S. W. ''Wills and Where to Find Them''. Chichester, England: Phillimore and Company, Limited, 1974. (Family History Library book [http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=titlehitlist&columns=*%2C0%2C0&callno=942+S2gw 942 S2gw].) This discusses probates by county with a list of courts, records, and records offices. Includes basic maps and glossary. | ||
== Difficulties in Locating a Pre-1858 Record == | == Difficulties in Locating a Pre-1858 Record == | ||