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''[[England]] [[Image:Gotoarrow.png]] [[County Durham|Durham]]'' | ''[[England]] [[Image:Gotoarrow.png]] [[County Durham|Durham]]'' | ||
The following article is about probate records in the county of Cumberland. To read general information about English probate records click [[England Probate Records|here]]. | The following article is about probate records in the county of Cumberland. To read general information about English probate records click [[England Probate Records|here]]. | ||
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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/Durham_Probate_Records#Court_Jurisdictions Court Jurisdictions] section below.<br> | #Go to [https://wiki.familysearch.org/en/Durham_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> | ||
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*[[Court of the Bishop of Durham]] (Episcopal Consistory)<br> | *[[Court of the Bishop of Durham]] (Episcopal Consistory)<br> | ||
If a will is not found in this court, search these additional courts.<br> | If a will is not found in this court, search these additional courts.<br> | ||
*[[Exchequer and Prerogative Courts of the Archbishop of York]] | *[[Exchequer and Prerogative Courts of the Archbishop of York]] | ||
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*[[Chancery Court of the Archbishop of York]] | *[[Chancery Court of the Archbishop of York]] | ||
The [[Prerogative Court of the Archbishop of Canterbury]] had jurisdiction over the whole of England. Wealthier individuals, people who owned property in more than one county or lower court's jurisdiction, and Naval personnel often had their estates proven through the Archbishop's court. Search the records of this court after all of the others have been searched.<br> | The [[Prerogative Court of the Archbishop of Canterbury]] had jurisdiction over the whole of England. Wealthier individuals, people who owned property in more than one county or lower court's jurisdiction, and Naval personnel often had their estates proven through the Archbishop's court. Search the records of this court after all of the others have been searched.<br> | ||
==== Appeals Courts ==== | ==== Appeals Courts ==== | ||
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== Some Explanatory Notes on the Courts of Durham == | == Some Explanatory Notes on the Courts of Durham == | ||
== Durham Parishes and Their Probate Jurisdictions<br> | == Durham Parishes and Their Probate Jurisdictions<br> == | ||
Before 1858, every town and parish in Kent was under the probate jurisdiction of a primary court and several secondary courts. To find the will of your ancestor who lived or owned property in Kent, see a list of Kent parishes with the pre-1858 courts that had probate jurisdiction over each. To see a list of parishes in the county click [[Durhamshire Parishes|here]]. <br> <br> If you do not know where in Durham your ancestor lived or owned property, search the indexes for the court. If not found, search the index to the [[Prerogative Court of the Archbishop of Canterbury]]. Be aware that not every person left a will.<br> | Before 1858, every town and parish in Kent was under the probate jurisdiction of a primary court and several secondary courts. To find the will of your ancestor who lived or owned property in Kent, see a list of Kent parishes with the pre-1858 courts that had probate jurisdiction over each. To see a list of parishes in the county click [[Durhamshire Parishes|here]]. <br><br>If you do not know where in Durham your ancestor lived or owned property, search the indexes for the court. If not found, search the index to the [[Prerogative Court of the Archbishop of Canterbury]]. Be aware that not every person left a will.<br> | ||
== Court Jurisdictions == | == Court Jurisdictions == | ||
The whole of the county of Durham was under the primary jurisdiction of the Court of the Bishop of Durham also known as the Episcopal Consistory Court of Durham (see above). This court should be searched first when looking for the probate of a deceased person who lived or owned property in County Durham. <br> | The whole of the county of Durham was under the primary jurisdiction of the Court of the Bishop of Durham also known as the Episcopal Consistory Court of Durham (see above). This court should be searched first when looking for the probate of a deceased person who lived or owned property in County Durham. <br> | ||
The other courts listed above had secondary jurisdiction over County Durham. If you do not find a probate listed in the indexes to the Court of the Bishop of Durham, then you should try the secondary courts. | The other courts listed above had secondary jurisdiction over County Durham. If you do not find a probate listed in the indexes to the Court of the Bishop of Durham, then you should try the secondary courts. | ||
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== 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> | ||
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Category: [[England]] | Category: [[England]] | ||