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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/Westmorland_Probate_Records#Court_Jurisdictions Court Jurisdictions] section below.<br> | #Go to [https://wiki.familysearch.org/en/Westmorland_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> | ||
== Westmorland Probate Courts == | == Westmorland Probate Courts == | ||
The courts that had jurisdiction over the county were:<br> | The courts that had jurisdiction over the county were:<br> | ||
*[[Court of the Bishop (Consistory) of the Commissary of the Archdeaconry of Richmond Western Deaneries - Kendal]] | *[[Court of the Bishop (Consistory) of the Commissary of the Archdeaconry of Richmond Western Deaneries - Kendal]] | ||
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*[[Court of the Peculiar of the Manor of Temple Sowerby]]<br> | *[[Court of the Peculiar of the Manor of Temple Sowerby]]<br> | ||
In addition, the [[Prerogative Court of the Archbishop of Canterbury]] had jurisdiction over the whole of England and specifically in the following cases.<br> | In addition, the [[Prerogative Court of the Archbishop of Canterbury]] had jurisdiction over the whole of England and specifically in the following cases.<br> | ||
*Wealthier individuals.<br> | *Wealthier individuals.<br> | ||
*People who owned property in more than one county.<br> | *People who owned property in more than one county.<br> | ||
*Military and naval personnel.<br> | *Military and naval personnel.<br> | ||
*People who lived or owned property outside England.<br> | *People who lived or owned property outside England.<br> | ||
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== Court Jurisdictions by Parish == | == Court Jurisdictions by Parish == | ||
Before 1858, every town and parish in Westmorland was under the probate jurisdiction of a primary court and several secondary courts. When looking for a will of an ancestor in this county, search the courts in the order listed. It's best to search an index first. Indexes are mentioned on the individual court pages. To link to the court page, you need to see the jurisdiction tables. Click on one of the following letters to go to a jurisdiction table.<br> | Before 1858, every town and parish in Westmorland was under the probate jurisdiction of a primary court and several secondary courts. When looking for a will of an ancestor in this county, search the courts in the order listed. It's best to search an index first. Indexes are mentioned on the individual court pages. To link to the court page, you need to see the jurisdiction tables. Click on one of the following letters to go to a jurisdiction table.<br> | ||
{| | {| cellspacing="1" cellpadding="1" border="0" style="width: 454px; height: 30px;" | ||
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| [[Westmorland Probate Jurisdictions for Places Beginning with A|A]] | | [[Westmorland Probate Jurisdictions for Places Beginning with A|A]] | ||
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Before looking for a will, you should search an index. | Before looking for a will, you should search an index. | ||
[http://www.uclan.ac.uk/ahss/education_social_sciences/history/probate_index.php Probate Index] is an index of wills and related documents covering Lancashire north of the Ribble, and parts of Cumberland, Westmorland and Yorkshire, 1748-1858. Specifically, it indexes all surviving probate documents for the Western Deaneries of the Archdeaconry of Richmond, 1748-1858. The deaneries included are Amounderness, Copeland, Furness, Kendal and Lonsdale.[http://www.uclan.ac.uk/ahss/education_social_sciences/history/probate_index.php]<br> | [http://www.uclan.ac.uk/ahss/education_social_sciences/history/probate_index.php Probate Index] is an index of wills and related documents covering Lancashire north of the Ribble, and parts of Cumberland, Westmorland and Yorkshire, 1748-1858. Specifically, it indexes all surviving probate documents for the Western Deaneries of the Archdeaconry of Richmond, 1748-1858. The deaneries included are Amounderness, Copeland, Furness, Kendal and Lonsdale.[http://www.uclan.ac.uk/ahss/education_social_sciences/history/probate_index.php]<br> | ||
== Estate Duty Records<br> == | |||
<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 == | ||
Beginning in 1858, the government took over the settlement of estates and all wills are now probated through the Principal Probate Registry system. For more information, go to [[Principal Probate Registry]].<br><br> | Beginning in 1858, the government took over the settlement of estates and all wills are now probated through the Principal Probate Registry system. For more information, go to [[Principal Probate Registry]].<br><br> | ||
[[Category:Westmorland]] | [[Category:Westmorland]] |
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