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Estate Duty statement
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''Probate'' is the legal court process by which the estate of a deceased person is distributed to his or her heirs. The Church of England ecclesiastical courts had authority for this process until to 1858. Beginning in 1858, authority over probate matters was taken from ecclesiastical courts and put under the civil authority of the Principal Probate Registry. The Post-1857 Probate Records section below contains links to additional information about the records of this court. | ''Probate'' is the legal court process by which the estate of a deceased person is distributed to his or her heirs. The Church of England ecclesiastical courts had authority for this process until to 1858. Beginning in 1858, authority over probate matters was taken from ecclesiastical courts and put under the civil authority of the Principal Probate Registry. The Post-1857 Probate Records section below contains links to additional information about the records of this court. | ||
To look for a probate record before 1858:<br> | To look for a probate record before 1858:<br> | ||
#Discover when and where your ancestor died. If you don’t know, use the approximate date and place where they lived. <br> | #Discover when and where your ancestor died. If you don’t know, use the approximate date and place where they lived. <br> | ||
#Go to [https://wiki.familysearch.org/en/Cheshire_Probate_Records#Court_Jurisdictions Court Jurisdictions] section below.<br> | #Go to [https://wiki.familysearch.org/en/Cheshire_Probate_Records#Court_Jurisdictions Court Jurisdictions] section below.<br> | ||
#Click a letter or span of letters for your place name. This opens a jurisdictions table.<br> | #Click a letter or span of letters for your place name. This opens a jurisdictions table.<br> | ||
#Follow the instructions on the jurisdictions table page.<br> | #Follow the instructions on the jurisdictions table page.<br> | ||
== Cheshire Probate Courts == | == Cheshire Probate Courts == | ||
<br> | <br> | ||
*[[Court of the Bishop of Chester (Episcopal Consistory)]] | *[[Court of the Bishop of Chester (Episcopal Consistory)]] | ||
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Probate records of Cheshire, incorporating Cheshire and Lancashire commence from as early as 1474 up to 1857. Cheshire has one central probate court jurisdiction, which holds extensive probate record coverage for the county. There are no smaller or peculiar court jurisdictions in the county. There are several higher probate court jurisdictions which hold concurrent jurisdiction over Chesire. To identify these courts, see the "Cheshire Probate Courts" links above to each Cheshire probate court jurisdictions in order to obtain further information for researching each probate court for a will. | Probate records of Cheshire, incorporating Cheshire and Lancashire commence from as early as 1474 up to 1857. Cheshire has one central probate court jurisdiction, which holds extensive probate record coverage for the county. There are no smaller or peculiar court jurisdictions in the county. There are several higher probate court jurisdictions which hold concurrent jurisdiction over Chesire. To identify these courts, see the "Cheshire Probate Courts" links above to each Cheshire probate court jurisdictions in order to obtain further information for researching each probate court for a will. | ||
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== Probate Indexes == | == Probate Indexes == | ||
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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 center] near 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 center] near you. | ||
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==== Probate Indexes Online 1492-1940 ==== | ==== Probate Indexes Online 1492-1940 ==== | ||
Before looking for a will, be certain to search the comprehensive and county-wide [http://www.cheshire.gov.uk/Recordoffice/Wills/ Wills index] compiled by the Cheshire local government. <br> | Before looking for a will, be certain to search the comprehensive and county-wide [http://www.cheshire.gov.uk/Recordoffice/Wills/ Wills index] compiled by the Cheshire local government. <br> | ||
<br>This index covers the years 1492 - 1940 and contains 130,000 entries. It covers probate documents proved at Chester mainly for Cheshire residents. | <br>This index covers the years 1492 - 1940 and contains 130,000 entries. It covers probate documents proved at Chester mainly for Cheshire residents. | ||
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The following website specifically covers the parishes of Disley, Lyme Handley; Taxal & Whaley in Cheshire: <br>[http://www.disley.net http://www.disley.net] | The following website specifically covers the parishes of Disley, Lyme Handley; Taxal & Whaley in Cheshire: <br>[http://www.disley.net http://www.disley.net] | ||
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==== Printed Indexes ==== | ==== Printed Indexes ==== | ||
Cheshire has a significant portion of its probate records in printed indexes for most its probate court jurisdictions. | Cheshire has a significant portion of its probate records in printed indexes for most its probate court jurisdictions. | ||
The original will indexes 1545-1858 are available in print by both the Lancashire & Cheshire Record Society and the Chetham Society. These two large publications series contain for both Cheshire and Lancashire counties, helpful indexes to most of the wills and administrations for this major probate court jurisdiction. These volume series are often available at many major archives in the United Kingdom such as at the British Library, and Guildhall Library, London, and other like institutions. The Family History Library likewise has most all of these volumed indexes in these series available. See these under the Courts section (above). | The original will indexes 1545-1858 are available in print by both the Lancashire & Cheshire Record Society and the Chetham Society. These two large publications series contain for both Cheshire and Lancashire counties, helpful indexes to most of the wills and administrations for this major probate court jurisdiction. These volume series are often available at many major archives in the United Kingdom such as at the British Library, and Guildhall Library, London, and other like institutions. The Family History Library likewise has most all of these volumed indexes in these series available. See these under the Courts section (above). | ||
==== Original Handwritten Indexes ==== | ==== Original Handwritten Indexes ==== | ||
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Before 1858, all of Cheshire was under the primary probate jurisdiction of the Court of the Bishop of Cheshire. 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. Search indexes first. For an online index to Cheshire wills, click [http://www.cheshire.gov.uk/recordoffice/wills/Home.htm here]. | Before 1858, all of Cheshire was under the primary probate jurisdiction of the Court of the Bishop of Cheshire. 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. Search indexes first. For an online index to Cheshire wills, click [http://www.cheshire.gov.uk/recordoffice/wills/Home.htm here]. | ||
{| cellspacing="0" cellpadding="5" | {| cellspacing="0" cellpadding="5" width="95%" align="center" border="1" | ||
|- | |- | ||
! | ! style="background: rgb(255,222,173); moz-background-clip: -moz-initial; moz-background-origin: -moz-initial; moz-background-inline-policy: -moz-initial" width="15%" | PARISH | ||
! style="background: rgb(255,222,173); moz-background-clip: -moz-initial; moz-background-origin: -moz-initial; moz-background-inline-policy: -moz-initial" width="40%" | PRIMARY COURT | |||
! style="background: rgb(255,222,173); moz-background-clip: -moz-initial; moz-background-origin: -moz-initial; moz-background-inline-policy: -moz-initial" width="40%" | SECONDARY COURTS - IN SEARCH ORDER | |||
|- | |- | ||
| All parishes | | All parishes | ||
| Pre-1541 - [[Court of the Bishop of Lichfield(Episcopal Consistory)]] | | Pre-1541 - [[Court of the Bishop of Lichfield(Episcopal Consistory)]] | ||
Post-1540 - [[Court of the Bishop of Chester (Episcopal Consistory)]] | Post-1540 - [[Court of the Bishop of Chester (Episcopal Consistory)]] | ||
| | | | ||
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3 - [[Court of the Peculiar of the Dean and Chapter of York]] | 3 - [[Court of the Peculiar of the Dean and Chapter of York]] | ||
4 - [[Court of the Chancery of the Archbishop of York]] | 4 - [[Court of the Chancery of the Archbishop of York]] | ||
|} | |} | ||
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== Estate or Death Duty Wills and Administrations == | == Estate or Death Duty Wills and Administrations == | ||
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Beginning in 1796 a tax was levied on probates of estates valued over £10. Copies of the probate documents were filed with the Estate Duty Office in London when the tax was paid. These records are especially helpful for research in counties where local probate records have been destroyed. | Beginning in 1796 a tax was levied on probates of estates valued over £10. Copies of the probate documents were filed with the Estate Duty Office in London when the tax was paid. These records are especially helpful for research in counties where local probate records have been destroyed. | ||
For more information, see [[England Probate Records|England Probate Records]].<br><br> | For more information, see [[England Probate Records|England Probate Records]].<br><br> | ||
== Estate Duty Records<br> == | |||
Starting in 1796, a tax or death duty was payable on estates over a certain value. Estate duty abstracts may add considerable information not found elsewhere. Between 1813-1858 estate duty indexes may help locate a will. For more information, go to [[Estate Duty Records]].<br> | |||
== Post-1857 Probate Records == | == Post-1857 Probate Records == | ||
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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]. | 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]. | ||
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> | 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> | ||
[[Category:England|England]] | [[Category:England|England]] | ||