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Probate records are court records dealing with the distribution of a person’s estate after death. Information recorded may include the death date, names of heirs, family members, and guardians, relationships, residences, inventories of the estate (including trade and household goods), and names of witnesses.  
Probate records are court records dealing with the distribution of a person’s estate after death. Information recorded may include the death date, names of heirs, family members, and guardians, relationships, residences, inventories of the estate (including trade and household goods), and names of witnesses.  


Probate records are very useful for family historians because  
Probate records are very useful for family historians because:


* they are often the only record for the time period before census records where all members of a family might be listed  
* They are often the only record for the time period before census records where all members of a family might be listed  
* they can give vital information such as localities that the individual is associated with  
* They can give vital information such as localities that the individual is associated with  
* 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.  
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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  ==
 
There are three steps to locating probate records.
 
*Determine when and where&nbsp;the will might have been proved.
*Determine the court or courts that had jurisdiction.
*Search the indexes and records of the court or courts.
 
== Indexes  ==
 
=== Ecclesiastical Courts (pre 1858)  ===
 
Some court records have published indexes. Others have handwritten indexes filmed with the records. The index is often a "calendar", a list organized by date with a separate section for each letter of the alphabet. Surnames with the same first letter are listed together but are not in alphabetical order.
 
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 records of the '''Prerogative Court of Canterbury''', for&nbsp;1384-1858, are indexed online through the website of the National Archives of&nbsp;the United Kingdom&nbsp;and their feature [http://www.nationalarchives.gov.uk/documentsonline/ DocumentsOnline].
 
Other repositories and organizations, including family history societies, have created and published indexes, some online and some as booklets or on microfiche. To view a partial list, go to [http://yourarchives.nationalarchives.gov.uk/index.php?title=Online_Probate_Indexes Your Archives]. For those available in the Family History Library, go to the library's [http://www.familysearch.org/Eng/Library/FHLC/frameset_fhlc.asp catalog] and do a Place search for your county of interest and the topic of Probate Records.
 
[http://www.originsnetwork.com/help/popup-aboutbo-pcc.htm http://www.originsnetwork.com/help/popup-aboutbo-pcc.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.
 
=== Principal Probate Registry (1858-1957)  ===
 
'''&lt;Under construction&gt;'''
 
An index to wills, called the National Probate Calendar, is on fiche or film at [http://www.nationalarchives.gov.uk/catalogue/RdLeaflet.asp?sLeafletID=219 The National Archives], [http://62.32.98.6/S10312UKStaff/OPAC/index.asp Society of Genealogists], and the [http://www.cityoflondon.gov.uk/Corporation/LGNL_Services/Leisure_and_culture/Libraries/City_of_London_libraries/guildhall_lib.htm Guildhall Library, London]. It indexes to all wills and administrations up to 1943.
 
Indexes and abstracts for the Principal Probate Registry, 1858 to 1957, are on film in the Family History Library.<br>
 
Index film numbers are found&nbsp;in the&nbsp;Library's [http://www.familysearch.org/Eng/Library/FHLC/frameset_fhlc.asp catalog].&nbsp; Do a Place search for England and the topic of Probate Records--Indexes.&nbsp; 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].
 
=== Estate Duty Wills and Administrations<br>  ===
 
The indexes to these records are useful for locating wills and administrations probated between these dates, even if you do not know your ancestor’s residence. The registers from 1796 to 1903 have been indexed on [http://www.nationalarchives.gov.uk/documentsonline/death-duty.asp DocumentsOnline]. The indexes for the same time period can also be searched on [http://www.findmypast.com/DeathDutySearchCountServlet FindMyPast]. <br>
 
Indexes are on microfilm in the Family History Library. Click on one of the following links to find the film numbers in the catalog. [http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=titledetails&titleno=534228&disp=Death+duty+register+for+abstracts+of+adm%20%20&columns=*,0,0 Death duty register for abstracts of administrations and probates of wills for country courts, 1796-1811]. <br>
 
[http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=titledetails&titleno=613685&disp=Death+duty+register+for+abstracts+of+adm%20%20&columns=*,0,0 Abstracts of administrations in the country courts, 1812-1857].<br>
 
[http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=titledetails&titleno=522838&disp=Death+duty+register+for+wills+in+the+Pre%20%20&columns=*,0,0 Prerogative Court of Canterbury, 1796-1811; and administrations, 1796-1857].<br>
 
[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]<br>
 
Films may be viewed at the library or ordered through a [http://www.familysearch.org/Eng/Library/FHC/frameset_fhc.asp family history center].
 
=== Will Beneficiaries  ===
 
Some estimate that only 5-10% of the population left a will. Those persons named in a will, a beneficiary, account for a much larger portion of the population. A few indexes are being made available that identify the persons mentioned in wills. For a list of know indexes to will beneficiaries '''[[England Will Beneficiary Indexes|read on...]]'''
 
== Finding Probate Records in the Family History Library  ==
 
==== Ecclesiastical Courts (pre-1858)  ====
 
The Family History Library has a large collection of probate records. Follow these instructions to find them.
 
#Go to&nbsp;the&nbsp;[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.
#Click Search.
#Click on the link for the locality&nbsp;you want.
#Scroll down the list of topics, and click Probate records.
#Click on an appropriate title.
#Click View Film Notes in the top right corner to see the film numbers.
 
==== Principal Probate Registry  ====
 
The actual wills are on microfilm for 1858 through 1925 and are listed in the Family History Library [http://www.familysearch.org/eng/Library/FHLC/frameset_fhlc.asp Catalog]. Do a Place search for England and the topic of Probate Records. The record titles begin "Record copy wills..." There are two catalog records for the district registry wills and one for the Principal Registry.
 
==== Estate Duty Wills and Administrations  ====
 
Many probate records from the counties of Devon, Somerset, and Cornwall were destroyed during World War II. For these and others counties are available at the Family History Library.&nbsp;Click on one of the following links to find the film numbers in the catalog.
 
[http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=titlefilmnotes&columns=*%2C0%2C0&titleno=534228&disp=Death+duty+register+for+abstracts+of+adm++ Death duty register for abstracts of administrations and probates of wills for country courts, 1796-1811].
 
[http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=titledetails&titleno=613685&disp=Death+duty+register+for+abstracts+of+adm%20%20&columns=*,0,0 Abstracts of administrations in the country courts, 1812-1857].
 
[http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=titledetails&titleno=522838&disp=Death+duty+register+for+wills+in+the+Pre%20%20&columns=*,0,0 Prerogative Court of Canterbury, 1796-1811; and administrations, 1796-1857].
 
[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.
 
== Records Not in the Family History Library  ==
 
For some courts not all documents or time periods have been microfilmed. For a few courts, the library has no records at all. Sometimes a particular record was omitted from the filming. To obtain a copy of a record not at the library, contact the archive that holds the original records. For copies of wills after 1925 or administrations after 1857, write to:
 
'''York Probate Sub-Registry<br>'''Castle Chambers<br>Clifford Street<br>York Y01 9RG<br>England <br>Email: [mailto:york.psr@hmcourts-service.gsi.gov.uk york.psr@hmcourts-service.gsi.gov.uk]<br>Telephone: 01904 666777<br>Internet: http://www.lawontheweb.co.uk/basics/probateoffices.htm
 
When visiting England the office location is:
 
'''Probate Search Rooms<br>'''First Avenue House<br>42–49 High Holborn<br>London<br>England<br>Internet:http://yourarchives.nationalarchives.gov.uk/index.php?title=Research_Guide:_Probate_Records&nbsp;
 
==== Sources  ====
 
For pre-1858 probate records, the following sources list dates and repositories where you may write for records not available at the Library:
 
Camp, Anthony J. ''Wills and Their Whereabouts''. Fourth Edition. London, England: Anthony J. Camp, 1974. (Family History Library book [http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=titlehitlist&columns=*%2C0%2C0&callno=942+S2wa 942 S2wa].) This book describes jurisdictions and lists records, time periods covered, and availability of indexes by repository.
 
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 &nbsp;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&nbsp;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  ==
 
You may have difficulty locating a probate record for one of the following reasons:
 
*In many courts there are separate indexes for administrations and wills. Search both indexes to find a possible probate record in that court.
*When a higher church authority made an official visit, the lower court was "inhibited" (prevented from acting). This was called an "ecclesiastical visitation." Records of estates probated during an ecclesiastical visitation are often with the records of the higher court.
*If the court presiding officer was not present, another court probated the will. For example, the Court of the Dean and Chapter usually acted when there was no bishop.
 
Other courts, such as the Court of Common Pleas or the county quarter sessions, may have probated or received a copy of the will.
 
Technically, church courts did not have jurisdiction over real property. Some wills and many disputes over real property were handled by the Chancery Court of England. Some of the wills in this and other national courts are listed in:
 
''A List of Wills, Administrations, etc.'' in the Public Record Office, London, England: 12th–19th Century. Baltimore, Maryland, USA: Magna Carta Book Company, 1968. (Family History Library book [http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=titledetails&titleno=426785&disp=A+List+of+wills%2C+administrations%2C+et%20%20&columns=*,0,0 942 S2po].)
 
An entirely different court may have been used for the convenience of the executor.
 
To overcome these problems, search the records of all probate courts having jurisdiction over the areas where the individual had property. You may also need to extend your search several years after the individual’s death.
 
[[Category:England]]
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