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Cheshire Probate Records: Difference between revisions
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''[[England]] [[Image:Gotoarrow.png]] [[Cheshire]]'' | ''[[England]] [[Image:Gotoarrow.png]] [[Cheshire]]'' | ||
The following article is about probate records in the county of Cheshire. For general information about English probate records, click [[England Probate Records|here]].<br> | The following article is about probate records in the county of Cheshire. For general information about English probate records, click [[England Probate Records|here]].<br> | ||
== Description == | == Description == | ||
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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.<br> | ||
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== Getting Started == | == Getting Started == | ||
Follow these steps to look for a probate record before 1858: | Follow these steps to look for a probate record before 1858:<br> | ||
<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> | |||
#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. | |||
== Court Jurisdictions by Parish == | == Court Jurisdictions by Parish == | ||
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. | 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. | ||
{| cellspacing="0" cellpadding="5" | {| width="95%" cellspacing="0" cellpadding="5" border="1" align="center" | ||
|- | |- | ||
! style="background: rgb(255,222,173); moz-background-clip: -moz-initial; moz-background-origin: -moz-initial; moz-background-inline-policy: -moz-initial" width=" | ! width="15%" style="background: rgb(255, 222, 173) none repeat scroll 0% 0%; -moz-background-clip: -moz-initial; -moz-background-origin: -moz-initial; -moz-background-inline-policy: -moz-initial;" | PARISH | ||
! width="40%" style="background: rgb(255, 222, 173) none repeat scroll 0% 0%; -moz-background-clip: -moz-initial; -moz-background-origin: -moz-initial; -moz-background-inline-policy: -moz-initial;" | PRIMARY COURT | |||
! width="40%" style="background: rgb(255, 222, 173) none repeat scroll 0% 0%; -moz-background-clip: -moz-initial; -moz-background-origin: -moz-initial; -moz-background-inline-policy: -moz-initial;" | 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]][[Prerogative Court of the Archbishop of Canterbury|<br>]] | ||
|} | |} | ||
<br> | <br> | ||
== Cheshire Probate Courts == | == Cheshire Probate Courts == | ||
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*[[Exchequer and Prerogative Courts of the Archbishop of York]] | *[[Exchequer and Prerogative Courts of the Archbishop of York]] | ||
*[[Chancery Court of the Archbishop of York]] | *[[Chancery Court of the Archbishop of York]] | ||
*[[Court of the Peculiar of the Dean and Chapter of York]] | *[[Court of the Peculiar of the Dean and Chapter of York]][[Prerogative Court of the Archbishop of Canterbury|<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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*[[High Court of Delegates]] | *[[High Court of Delegates]] | ||
The [[Prerogative Court of the Archbishop of Canterbury]] also served as an appeals court. | The [[Prerogative Court of the Archbishop of Canterbury]] also served as an appeals court.<br> | ||
<br> | |||
== Probate Indexes == | == Probate Indexes == | ||
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4. Visit the [http://www.familysearch.org/eng/library/FHL/frameset_library.asp Family History Library], or one of its 4,500 satellite [http://www.familysearch.org/eng/library/FHC/frameset_fhc.asp family history centers] worldwide, and obtain a copy of the probate record from microfilm. | 4. Visit the [http://www.familysearch.org/eng/library/FHL/frameset_library.asp Family History Library], or one of its 4,500 satellite [http://www.familysearch.org/eng/library/FHC/frameset_fhc.asp family history centers] worldwide, and obtain a copy of the probate record from microfilm. | ||
==== Probate Indexes Online | ==== Probate Indexes Online ==== | ||
Before looking for a will, search the comprehensive and county-wide [http://www.cheshire.gov.uk/Recordoffice/Wills/ Wills index] compiled by the Cheshire local government. This index covers the years 1492-1940 and contains 130,000 entries. It covers probate documents proved at Chester mainly for Cheshire residents. | Before looking for a will, search the comprehensive and county-wide [http://www.cheshire.gov.uk/Recordoffice/Wills/ Wills index] compiled by the Cheshire local government. This index covers the years 1492-1940 and contains 130,000 entries. It covers probate documents proved at Chester mainly for Cheshire residents. | ||
The following | For an online index to Cheshire wills, click [http://www.cheshire.gov.uk/recordoffice/wills/Home.htm here]. | ||
The following Website specifically covers the parishes of Disley, Lyme Handley; Taxal & Whaley in Cheshire: <br>[http://www.disley.net http://www.disley.net] | |||
==== Printed Indexes ==== | ==== Printed Indexes ==== | ||
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*[http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=titledetails&titleno=821001&disp=Original+wills%2C+bonds%2C+and+inventori%20%20&columns=*,0,0 Original wills, bonds, and inventories for Chester only, 1492-1858] | *[http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=titledetails&titleno=821001&disp=Original+wills%2C+bonds%2C+and+inventori%20%20&columns=*,0,0 Original wills, bonds, and inventories for Chester only, 1492-1858] | ||
== Some Explanatory Notes on the Cheshire Courts == | == Some Explanatory Notes on the Cheshire Courts == | ||
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1. Cheshire had no peculiar court jurisdictions in the county. There are several higher probate court jurisdictions which hold concurrent jurisdiction over Chesire. To identify and learn about these courts and their records, click on the "Cheshire Probate Courts" links above. | 1. Cheshire had no peculiar court jurisdictions in the county. There are several higher probate court jurisdictions which hold concurrent jurisdiction over Chesire. To identify and learn about these courts and their records, click on the "Cheshire Probate Courts" links above. | ||
2. The [[Court of the Bishop of Chester (Episcopal Consistory)]] was sub-divided into basically two courts--a higher or what is termed, a "Supra" court and, a lower or "Infra" court. A majority of Cheshire wills and admons were probated in the "Infra" court. | 2. The [[Court of the Bishop of Chester (Episcopal Consistory)]] was sub-divided into basically two courts--a higher or what is termed, a "Supra" court and, a lower or "Infra" court. A majority of Cheshire wills and admons were probated in the "Infra" court. | ||
== Estate Duty Records == | == Estate Duty Records == | ||
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 you locate a will. For more information, go to the article on [[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 you locate a will. For more information, go to the article on [[Estate Duty Records]].<br> | ||
<br> | <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> | ||
[[Category:Cheshire]] | [[Category:Cheshire]] | ||