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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 term ''probate'' refers to a collection of documents, including [[W genealogical glossary terms|wills]], [[A genealogical glossary terms|administrations]] (also called admons), [[I genealogical glossary terms|inventories]], and [[A genealogical glossary terms|act books]]. The Church of England ecclesiastical courts had authority for this process until to 1858. This article explains about probates and how to get started to search for a will. | ''Probate'' is the legal court process by which the estate of a deceased person is distributed to his or her heirs. The term ''probate'' refers to a collection of documents, including [[W genealogical glossary terms|wills]], [[A genealogical glossary terms|administrations]] (also called admons), [[I genealogical glossary terms|inventories]], and [[A genealogical glossary terms|act books]]. The Church of England ecclesiastical courts had authority for this process until to 1858. This article explains about probates and how to get started to search for a will. | ||
Beginning in 1858, authority over probate matters was taken from ecclesiastical courts and put under the civil authority of the Principal Probate Registry. The '''Probates After 1857''' section below has a link to an article about probates after 1857. | Beginning in 1858, authority over probate matters was taken from ecclesiastical courts and put under the civil authority of the Principal Probate Registry. The '''Probates After 1857''' section below has a link to an article about probates after 1857. | ||
== Getting Started == | == Getting Started == | ||
Follow these steps to look for a probate record before 1858:<br> | Follow these steps 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 the Court Jurisdictions section below.<br> | #Go to the Court Jurisdictions section below.<br> | ||
#Click a letter or span of letters for your place. This opens an article showing a table of places and the courts that had jurisdiction over them.<br> | #Click a letter or span of letters for your place. This opens an article showing a table of places and the courts that had jurisdiction over them.<br> | ||
#Follow the steps at the top of the table to search for a will.<br> <br> | #Follow the steps at the top of the table to search for a will.<br><br> | ||
== Court Jurisdictions by Parish == | == Court Jurisdictions by Parish == | ||
Before 1858, every town and parish in Cumberland was under the probate jurisdiction of a primary court and several secondary courts. To start a search for a will, click on a letter or series of letters below.<br> | Before 1858, every town and parish in Cumberland was under the probate jurisdiction of a primary court and several secondary courts. To start a search for a will, click on a letter or series of letters below.<br> | ||
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== Cumberland Probate Courts == | == Cumberland Probate Courts == | ||
The following ecclesiastical courts had some probate jurisdiction over the county of Cumberland prior to 1858. Click on a court name to learn more about its records, indexes and finding a probate for your ancestor. To determine which court, go to the Court_Jurisdictions Court Jurisdictions section above.<br> | The following ecclesiastical courts had some probate jurisdiction over the county of Cumberland prior to 1858. Click on a court name to learn more about its records, indexes and finding a probate for your ancestor. To determine which court, go to the Court_Jurisdictions Court Jurisdictions section above.<br> | ||
*[[Court of the Bishop of Carlisle (Episcopal Consistory)]] | *[[Court of the Bishop of Carlisle (Episcopal Consistory)]] | ||
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*[[Exchequer and Prerogative Courts of the Archbishop of York]]<br> | *[[Exchequer and Prerogative Courts of the Archbishop of York]]<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> | ||
*Wealthy individuals<br> | *Wealthy 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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== Probate Indexes == | == Probate Indexes == | ||
Before looking for a will, you should search a probate index. It will save time and give a reference to finding a copy of a will. A few indexes are mentioned here. Others indexes, especially if they only index the wills for one court, are mentioned on each court page.<br> | Before looking for a will, you should search a probate index. It will save time and give a reference to finding a copy of a will. A few indexes are mentioned here. Others indexes, especially if they only index the wills for one court, are mentioned on each court page.<br> | ||
==== Online Indexes ==== | ==== Online Indexes ==== | ||
[http://www.genuki.org.uk/big/eng/CUL/ProbateRecords/index.html ''Wills of Cumberland: Abstracts of Cumberland Probate Records pre-1858''] contains for several parishes in Cumberland. <br> | [http://www.genuki.org.uk/big/eng/CUL/ProbateRecords/index.html ''Wills of Cumberland: Abstracts of Cumberland Probate Records pre-1858''] contains for several parishes in Cumberland. <br> | ||
==== Printed or Filmed Indexes<br> | ==== Printed or Filmed Indexes<br> ==== | ||
Indexes are found in archives and in the Family History Library. Click here to see a list of the library's holdings for [http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=topicdetails&subject=506247&subject_disp=England%2C+Cumberland+-+Probate+records+-+Indexes&columns=*,0,0 indexes] and [http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=topicdetails&subject=453504&subject_disp=England%2C+Cumberland+-+Probate+records&columns=*,0,0 wills]. Films can be viewed in the library or in a [http://www.familysearch.org/eng/library/FHC/frameset_fhc.asp family history center]. <br> | Indexes are found in archives and in the Family History Library. Click here to see a list of the library's holdings for [http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=topicdetails&subject=506247&subject_disp=England%2C+Cumberland+-+Probate+records+-+Indexes&columns=*,0,0 indexes] and [http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=topicdetails&subject=453504&subject_disp=England%2C+Cumberland+-+Probate+records&columns=*,0,0 wills]. Films can be viewed in the library or in a [http://www.familysearch.org/eng/library/FHC/frameset_fhc.asp family history center]. <br> | ||
== Some Explanatory Notes on the Cumberland Probate Courts<br> | == Some Explanatory Notes on the Cumberland Probate Courts<br> == | ||
The original probate records are housed in one of four record offices in the following cities: Barrow, Kendall, Carlisle, and Whitehaven. Links to these offices are found on the [http://www.cumbria.gov.uk/archives/recordoffices/default.asp Cumbria Archive Service] site. | The original probate records are housed in one of four record offices in the following cities: Barrow, Kendall, Carlisle, and Whitehaven. Links to these offices are found on the [http://www.cumbria.gov.uk/archives/recordoffices/default.asp Cumbria Archive Service] site. | ||
== Estate Duty Records<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. Estate duty indexes may help locate a will. For more information, go to [[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. Estate duty indexes may help locate a will. For more information, go to [[Estate Duty Records]].<br> | ||
== Probates After 1857 == | == Probates After 1857 == | ||
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> | 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> | ||
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[[Category:Cumberland]] | [[Category:Cumberland]] | ||