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Scotland Probate Records: Difference between revisions
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To inherit immovable property such as land, heirs had to prove to an ''Inquisition'' (essentially a jury of local people) their right to inherit. The records granting these rights are called [[Service_of_Heirs_or_Retours|''retours'' or ''services of heirs'']]. Records of actual transfers of land are called ''[[Sasines|sasines]]''. You will find more information about these records in the [[Scotland Land and Property|Land and Property]] section of the Wiki. | To inherit immovable property such as land, heirs had to prove to an ''Inquisition'' (essentially a jury of local people) their right to inherit. The records granting these rights are called [[Service_of_Heirs_or_Retours|''retours'' or ''services of heirs'']]. Records of actual transfers of land are called ''[[Sasines|sasines]]''. You will find more information about these records in the [[Scotland Land and Property|Land and Property]] section of the Wiki. | ||
== Determining | == Determining Court Jurisdictions == | ||
Before the Scottish Reformation and the establishment of the Presbyterian Church in 1592, confirmation of testaments was the prerogative of Episcopal (bishop’s) courts. Their subordinates, called official or ''commissariat ''courts actually carried out the probate function. | Before the Scottish Reformation and the establishment of the Presbyterian Church in 1592, confirmation of testaments was the prerogative of Episcopal (bishop’s) courts. Their subordinates, called official or ''commissariat ''courts actually carried out the probate function. | ||
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. | 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. | ||
To help you determine which commissariat court had jurisdiction over which parishes and counties, go to the ''[http://www.scotlandspeople.gov.uk/content/help/index.aspx?r=551&636 ScotlandsPeople]'' website and its [http://scotlandspeople.gov.uk/content/help/index.aspx?r=551&636 'Courts Map'] page, which identifies which courts operate in a given county by clicking on the appropriate county; or see the following guides: | To help you determine which commissariat court had jurisdiction over which parishes and counties, go to the ''[http://www.scotlandspeople.gov.uk/content/help/index.aspx?r=551&636 ScotlandsPeople]'' website and its [http://scotlandspeople.gov.uk/content/help/index.aspx?r=551&636 'Courts Map'] page, which identifies which courts operate in a given county by clicking on the appropriate county; or see the following guides: | ||
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But bear in mind there was no compulsion to have a testament confirmed in any particular commissariat, and many chose to use the Edinburgh court (as the premier one). So it may be necessary to search them all. | But bear in mind there was no compulsion to have a testament confirmed in any particular commissariat, and many chose to use the Edinburgh court (as the premier one). So it may be necessary to search them all. | ||
After | 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. | ||
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 [http://scotlandspeople.gov.uk/Content/Help/index.aspx?r=551&571 ScotlandsPeople]. | 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 [http://scotlandspeople.gov.uk/Content/Help/index.aspx?r=551&571 ScotlandsPeople]. | ||
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. | ||