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== Description == | == Description == | ||
''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 1858. This article explains | ''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 1858. This article explains how to get started to search for a probate record. | ||
Beginning in 1858, authority over probate matters was taken from the ecclesiastical courts and put under the civil authority of the Principal Probate Registry. For more information, see the '''Probates After 1857''' section below. | Beginning in 1858, authority over probate matters was taken from the ecclesiastical courts and put under the civil authority of the Principal Probate Registry. For more information, see the '''Probates After 1857''' section below. | ||
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Before 1858, every town and parish in Buckinghamshire was under the probate jurisdiction of a primary court and several secondary courts. Most of Buckinghamshire was under the primary jurisdiction of the [[Court of the Archdeaconry of Buckingham|Court of the Archdeaconry of Buckingham]], hence the majority of genealogical searches will be in the records of that court and its superior (or secondary) courts. Click on the court name link above to learn about the records. | Before 1858, every town and parish in Buckinghamshire was under the probate jurisdiction of a primary court and several secondary courts. Most of Buckinghamshire was under the primary jurisdiction of the [[Court of the Archdeaconry of Buckingham|Court of the Archdeaconry of Buckingham]], hence the majority of genealogical searches will be in the records of that court and its superior (or secondary) courts. Click on the court name link above to learn about the records. | ||
For a list of Buckinghamshire parishes that were ''exceptions'', and the courts that had jurisdiction over them, click [[Buckinghamshire Probate Jurisdictions|'''here''']]. | For a list of Buckinghamshire parishes that were ''exceptions'' to the above, and the courts that had jurisdiction over them, click [[Buckinghamshire Probate Jurisdictions|'''here''']]. The list of courts is also in the '''Buckinghamshire Probate Courts''' section below. | ||
Always search indexes first. To see a list of indexes, click on a court name or go to the '''Probate Indexes''' section below. | Always search indexes first. To see a list of indexes, click on a court name or go to the '''Probate Indexes''' section below. | ||
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== Buckinghamshire Probate Courts == | == Buckinghamshire Probate Courts == | ||
Most of Buckinghamshire was under the pre-1858 probate jurisdiction of the [[Court of the Archdeaconry of Buckingham]] | Most of Buckinghamshire was under the pre-1858 probate jurisdiction of the [[Court of the Archdeaconry of Buckingham]]. However, the following courts also had some pre-1858 jurisdiction within the county. Click on a court name to learn about records and indexes. | ||
*[[Court of the Archdeaconry of Buckingham]] | *[[Court of the Archdeaconry of Buckingham]] | ||
*[[Court of the Archdeaconry of St. Albans]] | *[[Court of the Archdeaconry of St. Albans]] | ||
*[[Court of the Bishop of Lincoln (Episcopal Consistory)]] | *[[Court of the Bishop of Lincoln (Episcopal Consistory)]] | ||
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*[[Court of the Peculiar of the Provost of Eton]] | *[[Court of the Peculiar of the Provost of Eton]] | ||
In addition, the [[Prerogative Court of the Archbishop of Canterbury]] had jurisdiction over the whole of | In addition, as the highest court in the country, the [[Prerogative Court of the Archbishop of Canterbury]] had jurisdiction over the whole of England. | ||
=== Appeals Courts === | === Appeals Courts === | ||
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*[[High Court of Delegates]] | *[[High Court of Delegates]] | ||
The [[Prerogative Court of the Archbishop of Canterbury]] could also serve as an appeals court. | The [[Prerogative Court of the Archbishop of Canterbury]] could also serve as an appeals court. | ||
If you do not find a probate record in the primary or secondary courts, try the Appeals Courts. | |||
== Probate Indexes == | == Probate Indexes == | ||
Between 1483-1858, the [[Court of the Archdeaconry of Buckingham]] proved over 35,000 wills of ordinary people of Buckinghamshire. The [http://www.buckscc.gov.uk/sites/bcc/archives/Centre_for_Buckinghamshire_Studies.page Centre for Buckinghamshire Studies] has an index to the records in its collection. The index includes wills and some administrations of people who may have died without leaving a will (administrations not complete).<br> | Between 1483-1858, the [[Court of the Archdeaconry of Buckingham]] proved over 35,000 wills of ordinary people of Buckinghamshire. The [http://www.buckscc.gov.uk/sites/bcc/archives/Centre_for_Buckinghamshire_Studies.page Centre for Buckinghamshire Studies] has an index to the records in its collection. The index includes wills and some administrations of people who may have died without leaving a will (administrations not complete).<br> | ||
== 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. Between 1813-1858 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. Between 1813-1858 estate duty indexes may help locate a will. For more information, go to [[Estate Duty Records]].<br> | ||
== Probates After 1857 == | == Probates After 1857 == | ||