3,931
edits
cloning new text
(cloning new text) |
|||
| Line 1: | Line 1: | ||
''[[England]] [[Image:Gotoarrow.png]] [[County Durham|Durham]]'' | ''[[England]] [[Image:Gotoarrow.png]] [[County Durham|Durham]]'' | ||
== Getting Started == | |||
''Probate'' is the legal court process by which the estate of a deceased person is distributed to his or her heirs. Probate records include [[W genealogical glossary terms|wills]] and [[A genealogical glossary terms|administrations]]. This article is about probate records in Durham. For a general description of England probate records, click [[England Probate Records|here]]. | |||
=== 1858 to the Present === | |||
Beginning in 1858, the [[Principal Probate Registry|Principal Probate Registry]] had the authority for probating estates. Click on the link to learn more. | |||
=== Before 1858 === | |||
Before 1858, Church of England ecclesiastical courts had authority for this process. To search for a pre-1858 probate record in Durham, follow these steps: | |||
==== Step 1. Search Indexes ==== | |||
Here are some online indexes to probate records that include individuals who lived in Durham. Search these indexes first: | |||
*[http://www.familyhistoryonline.net/database/SussexFHGprobate.shtml http://www.familyhistoryonline.net/database/SussexFHGprobate.shtml] -- compiled by the Sussex Family History Group which has transcribed the names of 12,300 individuals found in Sussex wills, including testators, executors, beneficiaries or witnesses. The information recorded includes name, date and place. | |||
*The [http://sussexrecordsociety.org/home2.asp?an=&ap= Sussex Record Society] has published four volumes of indexes to Sussex wills, and these can be viewed on their [http://sussexrecordsociety.org/bwills1.asp?an=&ap= website]. They are arranged by parish then by surname. | |||
*[http://www.nationalarchives.gov.uk/documentsonline/wills.asp?WT.hp=Wills Prerogative Court of Canterbury wills (1384-1858)]. | |||
Did you find a reference to a probate record? | |||
== | *If ''yes'', go to '''Step 4''' below. | ||
*If ''no'', go to '''Step 2''' below. | |||
==== Step 2. Identify when and where your ancestor died ==== | |||
Determine ''when'' your ancestor died. If you aren't sure, use an approximate date. | |||
Determine ''where'' your ancestor died. It is easier to find a probate record if you know whether the place where your ancestor lived or died is a [[P genealogical glossary terms|parish]]. To learn whether it is a parish, look it up in a gazetteer. Here is a link to the 1872 ''Imperial Gazetteer of England and Wales'' online: | |||
*[http://www.visionofbritain.org.uk/descriptions/index.jsp Vision of Britain] | |||
The gazetteer will either tell you: | |||
*A place is a parish, or | |||
*What parish it is a part of, or | |||
*What place it is near. | |||
If the latter, look that place up in the gazetteer and see if it is a parish. | |||
Once you have identified the parish, go to '''Step 3'''. | |||
==== Step 3. Identify court jurisdictions by parish ==== | |||
Once you have identified the parish where your ancestor lived or died, learn which courts had jurisdiction over it then search indexes for those courts. Every town and parish in Durham fell under the probate jurisdiction of a primary court and several secondary courts. Click on a link below for the letter the parish begins with. | |||
The whole of the county of Durham was under the primary jurisdiction of the [[Court of the Bishop of Durham (Episcopal Consistory)|Court of the Bishop of Durham (Episcopal Consistory)]]. This court should be searched first when looking for the probate of a deceased person who lived or owned property in Durham. Additional courts listed below also had jurisdiction over Durham. If you do not find a probate in the Court of the Bishop of Durham, search those additional courts.<br> | <br>The whole of the county of Durham was under the primary jurisdiction of the [[Court of the Bishop of Durham (Episcopal Consistory)|Court of the Bishop of Durham (Episcopal Consistory)]]. This court should be searched first when looking for the probate of a deceased person who lived or owned property in Durham. Additional courts listed below also had jurisdiction over Durham. If you do not find a probate in the Court of the Bishop of Durham, search those additional courts.<br> | ||
== Durham Probate Courts == | == Durham Probate Courts == | ||
| Line 30: | Line 59: | ||
*[[Chancery Court of the Archbishop of York]] | *[[Chancery Court of the Archbishop of York]] | ||
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> | ||
* Interregnum, 1649-1660, because the Prerogative Court was the only court. | *Interregnum, 1649-1660, because the Prerogative Court was the only court. | ||
*Property in more than one diocese in the Province of Canterbury. | *Property in more than one diocese in the Province of Canterbury. | ||
*Property in both the Province of Canterbury and Province of York. | *Property in both the Province of Canterbury and Province of York. | ||
*People who died outside England, including British citizens and others who held property in England. | *People who died outside England, including British citizens and others who held property in England. | ||
| Line 45: | Line 74: | ||
*[[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. | ||
== Probate Indexes Online == | == Probate Indexes Online == | ||
*[http://familyrecords.dur.ac.uk/nei/ Durham and Northumberland probate records, 1527-1857]. The planned completion date is 2010. | *[http://familyrecords.dur.ac.uk/nei/ Durham and Northumberland probate records, 1527-1857]. The planned completion date is 2010. | ||
*Prerogative Court of Canterbury Wills | *Prerogative Court of Canterbury Wills [http://www.nationalarchives.gov.uk/documentsonline/wills.asp?WT.hp=Wills 1383-1858] | ||
Some Explanatory Notes on the Courts of Durham | Some Explanatory Notes on the Courts of Durham | ||