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{{Scotland | {{CountrySidebar | ||
{{breadcrumb | |Country=Scotland | ||
|Name=Scotland | |||
|Type=Topic | |||
|Topic Type=Records | |||
|Records=Probate Records | |||
|Rating=Standardized | |||
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| link1=[[Scotland Genealogy|Scotland]] | | link1=[[Scotland Genealogy|Scotland]] | ||
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| link5=[[Scotland Probate Records|Probate Records]] | | link5=[[Scotland Probate Records|Probate Records]] | ||
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==Online Resources== | ==Online Resources== | ||
*'''1481-1807''' [https://search.findmypast.com/search-world-Records/scotland-will-and-testament-index-1481-1807 Scotland, Will and Testament Index 1481-1807] - Findmypast ($) | |||
*[https://search.findmypast.com/search-world-Records/scotland-will-and-testament-index-1481-1807 Scotland, Will and Testament Index 1481-1807] - | *'''1715-1800''' [http://search.ancestry.com/search/db.aspx?dbid=6344 Aberdeen, Scotland, Register of Testaments, 1715-1800] ($) | ||
*'''1858-1995''' [https://search.ancestry.com/search/db.aspx?dbid=1904&geo_a=r&o_iid=62817&o_lid=62817&o_sch=Web+Property England & Wales, National Probate Calendar (Index of Wills and Administrations), 1858-1966, 1973-1995] ($) - may include wills of Scottish people. | |||
*'''1876-1936''' [https://search.ancestry.com/search/db.aspx?dbid=60558 Scotland, National Probate Index (Calendar of Confirmations and Inventories), 1876-1936] ($) | |||
*'''1998-Onward''' [https://www.myheritage.com/research/collection-20645/united-kingdom-deceased-estates-notices?s=275764761 United Kingdom, Deceased Estates Notices] at MyHeritage — index & images ($) | |||
*[https://www.scotlandspeople.gov.uk/advanced-search#{%22category%22:%22legal%22,%22record%22:%22legal-wills-testaments%22} ScotlandsPeople: Wills and testaments] ($) - free, searchable index but pay to see image | *[https://www.scotlandspeople.gov.uk/advanced-search#{%22category%22:%22legal%22,%22record%22:%22legal-wills-testaments%22} ScotlandsPeople: Wills and testaments] ($) - free, searchable index but pay to see image | ||
'''To learn more about Scottish probate records:''' | '''To learn more about Scottish probate records:''' | ||
*[https://www.scotlandspeople.gov.uk/guides/wills-and-testaments ScotlandsPeople] | *[https://www.scotlandspeople.gov.uk/guides/wills-and-testaments ScotlandsPeople] | ||
*[https://www.nrscotland.gov.uk/research/guides/wills-and-testaments National Records of Scotland] | *[https://www.nrscotland.gov.uk/research/guides/wills-and-testaments National Records of Scotland] | ||
==Historical Background== | ==Historical Background== | ||
Scotland has no 'probate' records - the term is 'confirmation.' The primary document is called a 'testament.' <br> | |||
<br> | |||
Testaments are court records dealing with the distribution of a person’s estate after death. These records can be very helpful because they were recorded long before statutory birth, marriage, and death registration began in 1855. | Testaments are court records dealing with the distribution of a person’s estate after death. These records can be very helpful because they were recorded long before statutory birth, marriage, and death registration began in 1855. | ||
Testaments were made primarily by the middle and upper classes, most of whom were: | Testaments were made primarily by the middle and upper classes, most of whom were: | ||
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After the reformation in 1560, fifteen (eventually 22) commissariats were established by royal authority. The principal commissariat court was in Edinburgh, and it had both local and general jurisdiction. The territorial extent of the commissariat courts paid little attention to county boundaries. This system stayed in force until the end of 1823. | After the reformation in 1560, fifteen (eventually 22) commissariats were established by royal authority. The principal commissariat court was in Edinburgh, and it had both local and general jurisdiction. The territorial extent of the commissariat courts paid little attention to county boundaries. This system stayed in force until the end of 1823. | ||
It is important to note that there was no requirement to have a testament confirmed in any particular comissariat. While many testiments were confirmed at the comissariat nearest to the residence of the deceased, plenty were confirmed at courts far from one's residence, often including Edinburgh. It may be useful to conduct a general search among all commissariots if a testiment does not appear in the most geographically logical location for your ancestor. Along with individual parish pages on the Research Wiki, the following books are useful for determining at which courts testiments from residents of a particular parish were confirmed: | |||
*''Testaments and commissariot courts of Scotland, 1972''. Salt Lake City, Utah: Genealogical Society of Utah, 1972. (FS Library call no. {{FSC|425488|title-id|disp=941 P2gs}}.) | |||
*Cecil Sinclair. ''Tracing Your Scottish Ancestors: A Guide to Ancestry Research in the Scottish Record Office''. Edinburgh, Scotland: Her Magesty’s Stationery Office, 1990. (FS Library call no. {{FSC|941 D27s|disp=941 D27s}}). Identifies court(s) by county along with ending dates for Commissariot and beginning dates for Sheriffs Court, which often overlap. | |||
*Kathleen Cory. ''Tracing Your Scottish Ancestors, Third Edition''. Baltimore, MD: Genealogical Publishing Company, 2004. Appendix III provides a table listing all parishes, among other things identifying Commissariot(s) which included that parish, and date of first testament or inventory for the parish. | |||
After 1823 (the system took a few years to fully evolve), testaments were confirmed by commissariat departments within the sheriff courts. The boundaries of these courts’ jurisdictions are the same as the county boundaries, but the names of the courts are not necessarily the same as the names of the counties. | After 1823 (the system took a few years to fully evolve), testaments were confirmed by commissariat departments within the sheriff courts. The boundaries of these courts’ jurisdictions are the same as the county boundaries, but the names of the courts are not necessarily the same as the names of the counties. | ||
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To determine a court after 1823 you need only know in which county your ancestor lived. You can then use the records of the sheriff court for that county. Lists of the counties and their sheriff courts are found on the website and in the guides mentioned above. This list comes from the National Records of Scotland [https://www.nrscotland.gov.uk/research/guides/sheriff-court-records research guide to sheriff courts]: | To determine a court after 1823 you need only know in which county your ancestor lived. You can then use the records of the sheriff court for that county. Lists of the counties and their sheriff courts are found on the website and in the guides mentioned above. This list comes from the National Records of Scotland [https://www.nrscotland.gov.uk/research/guides/sheriff-court-records research guide to sheriff courts]: | ||
==== Sheriff Court Records by | ====Sheriff Court Records by County==== | ||
* Aberdeenshire - Aberdeen SC1 and Peterhead SC4 | *Aberdeenshire - Aberdeen SC1 and Peterhead SC4 | ||
* Angus (Forfarshire ) - Arbroath SC43, Dundee SC45 and Forfar SC47 | *Angus (Forfarshire ) - Arbroath SC43, Dundee SC45 and Forfar SC47 | ||
* Argyll - Campbeltown SC50, Dunoon SC51, Fort William (Argyll) SC52 (closed 1938), Inveraray SC54 (closed 1903), Oban SC57 and Tobermory SC59 (closed 1905) | *Argyll - Campbeltown SC50, Dunoon SC51, Fort William (Argyll) SC52 (closed 1938), Inveraray SC54 (closed 1903), Oban SC57 and Tobermory SC59 (closed 1905) | ||
* Ayrshire - Ayr SC6 and Kilmarnock SC7 | *Ayrshire - Ayr SC6 and Kilmarnock SC7 | ||
* Banffshire - Banff SC2 | *Banffshire - Banff SC2 | ||
* Berwickshire - Duns SC60 | *Berwickshire - Duns SC60 | ||
* Buteshire - Rothesay SC8 | *Buteshire - Rothesay SC8 | ||
* Caithness - Wick SC14 | *Caithness - Wick SC14 | ||
* Clackmannanshire - Alloa SC64 | *Clackmannanshire - Alloa SC64 | ||
* Dumfriesshire - Dumfries SC15 | *Dumfriesshire - Dumfries SC15 | ||
* Dunbartonshire - Dumbarton SC65 | *Dunbartonshire - Dumbarton SC65 | ||
* East Lothian (Haddingtonshire) - Haddington SC40 | *East Lothian (Haddingtonshire) - Haddington SC40 | ||
* Edinburgh City - Edinburgh SC39 and Leith SC69 (closed 1920) | *Edinburgh City - Edinburgh SC39 and Leith SC69 (closed 1920) | ||
* Fife - Cupar SC20, Dunfermline SC21 and Kirkcaldy SC23 | *Fife - Cupar SC20, Dunfermline SC21 and Kirkcaldy SC23 | ||
* Glasgow City - Glasgow SC36 and Paisley SC58 | *Glasgow City - Glasgow SC36 and Paisley SC58 | ||
* Inverness-shire - Fort William (Inverness-shire) SC28, Inverness SC29, Lochmaddy SC30 and Portree SC32 | *Inverness-shire - Fort William (Inverness-shire) SC28, Inverness SC29, Lochmaddy SC30 and Portree SC32 | ||
* Kincardineshire - Stonehaven SC5 | *Kincardineshire - Stonehaven SC5 | ||
* Kinross-shire - Kinross SC22 (closed 1975) | *Kinross-shire - Kinross SC22 (closed 1975) | ||
* Kirkcudbrightshire - Dumfries (Kirkcudbright) SC17 (closed 1941) and Kirkcudbright SC16 (1623-1961) | *Kirkcudbrightshire - Dumfries (Kirkcudbright) SC17 (closed 1941) and Kirkcudbright SC16 (1623-1961) | ||
* Lanarkshire - Airdrie SC35, Glasgow SC36, Hamilton SC37 and Lanark SC38 | *Lanarkshire - Airdrie SC35, Glasgow SC36, Hamilton SC37 and Lanark SC38 | ||
* Midlothian (Edinburghshire) - Edinburgh SC39 | *Midlothian (Edinburghshire) - Edinburgh SC39 | ||
* Moray (Elginshire) - Elgin SC26 | *Moray (Elginshire) - Elgin SC26 | ||
* Nairnshire - Nairn SC31 (closed 1977) | *Nairnshire - Nairn SC31 (closed 1977) | ||
* Orkney - Kirkwall SC11 (held in Kirkwall) and Orkney & Shetland SC10 (17th century only) | *Orkney - Kirkwall SC11 (held in Kirkwall) and Orkney & Shetland SC10 (17th century only) | ||
* Peebleshire - Peebles SC42 | *Peebleshire - Peebles SC42 | ||
* Perthshire - Dunblane SC44 (closed 1975) and Perth SC49 | *Perthshire - Dunblane SC44 (closed 1975) and Perth SC49 | ||
* Renfrewshire - Greenock SC53 and Paisley SC58& | *Renfrewshire - Greenock SC53 and Paisley SC58& | ||
* Ross and Cromarty -Cromarty SC24 (closed 1934), Dingwall SC25, Stornoway SC33 and Tain SC34 | *Ross and Cromarty -Cromarty SC24 (closed 1934), Dingwall SC25, Stornoway SC33 and Tain SC34 | ||
* Roxburghshire - Hawick SC61 and Jedburgh SC62 | *Roxburghshire - Hawick SC61 and Jedburgh SC62 | ||
* Selkirkshire - Selkirk SC63 | *Selkirkshire - Selkirk SC63 | ||
* Shetland - Lerwick SC12 (held in Lerwick) and Orkney & Shetland SC10 (17th century only) | *Shetland - Lerwick SC12 (held in Lerwick) and Orkney & Shetland SC10 (17th century only) | ||
* Stirlingshire - Falkirk SC66 and Stirling SC67 | *Stirlingshire - Falkirk SC66 and Stirling SC67 | ||
* Sutherland - Dornoch SC9 | *Sutherland - Dornoch SC9 | ||
* West Lothian (Linlithgowshire) - Linlithgow SC41 | *West Lothian (Linlithgowshire) - Linlithgow SC41 | ||
* Wigtownshire - Stranraer SC18 and Wigtown SC19 (closed 1975) | *Wigtownshire - Stranraer SC18 and Wigtown SC19 (closed 1975) | ||
In 1876 the commissariats were absorbed by the sheriff courts, which now handle executory matters. | In 1876 the commissariats were absorbed by the sheriff courts, which now handle executory matters. | ||
==Finding Testamentary Records== | ==Finding Testamentary Records== | ||
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The original records of the commissariat and sheriff courts are housed at the [http://www.nas.gov.uk/ National Archives of Scotland] in Edinburgh. | The original records of the commissariat and sheriff courts are housed at the [http://www.nas.gov.uk/ National Archives of Scotland] in Edinburgh. | ||
The | The FamilySearch Library has microfilm copies of the commissariat court records to 1823 and some sheriff court records. To find these records, look in the Locality Search of the [https://www.familysearch.org/search/catalog FamilySearch Catalog] under: | ||
*Scotland -- Probate records | *Scotland -- Probate records | ||
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*Scotland, [County] -- Probate records--Indexes | *Scotland, [County] -- Probate records--Indexes | ||
For the years 1876-1936, the | For the years 1876-1936, the FS Library has bound volumes and microfilms of the {{FSC|307501|item|disp=Calendars of Confirmations and Inventories}}. You can obtain information from the Confirmations such as name of deceased, where living at time of death, when and where died, occupation, and the person or persons named as executors or administrators. | ||
===Difficulties in Finding a Testament=== | ===Difficulties in Finding a Testament=== | ||
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===Books to Help Understanding Testaments=== | ===Books to Help Understanding Testaments=== | ||
*Burness, Lawrence. ''A Scottish Genealogist’s Glossary''. Aberdeen: Aberdeen & North East Scotland Family History Society, c1990. ( | *Burness, Lawrence. ''A Scottish Genealogist’s Glossary''. Aberdeen: Aberdeen & North East Scotland Family History Society, c1990. (FS Library call no. 941 D27bL) | ||
*Burness, Lawrence. ''A Scottish Historian’s Glossary''. [Scotland]: Scottish Association of Family History Societies, c1997. ( | *Burness, Lawrence. ''A Scottish Historian’s Glossary''. [Scotland]: Scottish Association of Family History Societies, c1997. (FS Library call no. 941 H26b) | ||
*''Encyclopedia of the Laws of Scotland''. 16 vols and 2 supps. Edinburgh: W. Green & Son, Ltd., 1926. ( | *''Encyclopedia of the Laws of Scotland''. 16 vols and 2 supps. Edinburgh: W. Green & Son, Ltd., 1926. (FS Library call no. 941 P36e) Note: Vol. 11 is available at [https://www.archive.org/details/greensencyclopae11chis archive.org] | ||
*Gibb, Andrew Dewar. ''Student’s Glossary of Scottish Legal Terms''. Edinburgh: W. Green & Son, Ltd., 1946 ( | *Gibb, Andrew Dewar. ''Student’s Glossary of Scottish Legal Terms''. Edinburgh: W. Green & Son, Ltd., 1946 (FS Library call no. 941 P36g) | ||
*Gouldesbrough, Peter. ''Formulary of Old Scots Legal Documents''. Vol. 36 Edinburgh: The Stair Society, 1985. ( | *Gouldesbrough, Peter. ''Formulary of Old Scots Legal Documents''. Vol. 36 Edinburgh: The Stair Society, 1985. (FS Library call no. 941 B4st v. 36) | ||
{{Template:Pros-Scot}} | {{Template:Pros-Scot}} | ||
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[[Category:Scotland Probate Records]] | [[Category:Scotland Probate Records]] | ||
[[Category:Probate Records]] | [[Category:Probate Records]] | ||
[[Category:Scotland]] | |||
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