Cumberland Probate Records: Difference between revisions

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[[England]] [[Image:Gotoarrow.png]] [[Cumberland]]  
[[England]] [[Image:Gotoarrow.png]] [[Cumberland]]  


The following text has information about probate records in the county of Cumberland. To read general information English probate records click [[England Probate Records|here]].  
The following article is about probate records in the county of Cumberland. To read general information about English probate records click [[England Probate Records|here]].  


== Getting Started in Probate Records ==
== Getting Started  ==


''Probate'' is the legal court process by which the estate of a deceased person is distributed to his or her heirs. The Church of England ecclesiastical courts had authority for this process prior to 1858. To look for a probate record for your ancestor,<br>  
''Probate'' is the legal court process by which the estate of a deceased person is distributed to his or her heirs. The Church of England ecclesiastical courts had authority for this process prior to 1858. To look for a probate record before this time:<br>  


#Discover where your ancestor died. If you don’t know, look in the place where they lived or had property. <br>  
#Discover when and where your ancestor died. If you don’t know, use an approximate date and place where they lived. <br>
#Click a letter or span of letters covering the place name. Find these letters under the Court Jurisdictions section below.<br>  
#Go to a list of courts that had authority over a place. It's called a jurisdictions table.<br>  
#View the jurisdictions table. The places in the left column and the courts having jurisdiction are in the other columns.  
#Click a letter or span of letters to see the table. The letters are below in the section called Court Jurisdictions.<br>  
#Click on a court name to learn more about finding and using its records.&nbsp;
#Start a search in the court named in the first column, labeled Primary Court.  
#Click on the name of a court to learn more about finding and using its records.&nbsp;


Beginning in 1858, authority over probate matters was taken from ecclesiastical courts and put under the civil authority of the Principal Probate Registry. The Post-1857 Probate Records section below contains links to additional information about the records of this court. <br><br>
Beginning in 1858, authority over probate matters was taken from ecclesiastical courts and put under the civil authority of the Principal Probate Registry. The Post-1857 Probate Records section below contains links to additional information about the records of this court. <br>  


== Cumberland County Probate Courts  ==
== Cumberland County Probate Courts  ==
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In addition, the [[Prerogative Court of the Archbishop of Canterbury]] had jurisdiction over the whole of England. Wealthier individuals, people who owned property in more than one county or lower court's jurisdiction, and Naval personnel often had their estates probated through the Archbishop's court.  
In addition, the [[Prerogative Court of the Archbishop of Canterbury]] had jurisdiction over the whole of England. Wealthier individuals, people who owned property in more than one county or lower court's jurisdiction, and Naval personnel often had their estates probated through the Archbishop's court.  


=== Appeals Courts  ===
==== Appeals Courts  ====


Any probate that was disputed and could not be settled by the county courts could be sent to these higher appeals courts:  
Any probate that was disputed and could not be settled by the county courts could be sent to these higher appeals courts:  


*[[Court of Arches]]  
*[[Court of Arches]]  
*[[High Court of Delegates]]
*[[High Court of Delegates]]  
 
*[[Prerogative Court of the Archbishop of Canterbury]].
The [[Prerogative Court of the Archbishop of Canterbury]] also served as an appeals court.  


== Court Jurisdictions  ==
== Court Jurisdictions  ==


Before 1858, every town and parish in Cumberland was under the probate jurisdiction of a primary court and several secondary courts.&nbsp; When searching for the will of an ancestor, find the name of the town or parish where he/she lived in the jurisdictions lists below. Go to the list of places by clicking on a letter or series of letters below.<br>
Before 1858, every town and parish in Cumberland was under the probate jurisdiction of a primary court and several secondary courts.&nbsp; When searching for the will of an ancestor, find the name of the town or parish where he/she lived in the jurisdictions lists below. Go to the list of places by clicking on a letter or series of letters below.<br>  


{| class="FCK__ShowTableBorders" style="width: 277px; height: 27px" cellspacing="1" cellpadding="1" border="0"
{| cellspacing="1" cellpadding="1" border="0" class="FCK__ShowTableBorders" style="width: 277px; height: 27px;"
|-
|-
| [[Cumberland Probate Jurisdictions, Parishes A|A]]  
| [[Cumberland Probate Jurisdictions, Parishes A|A]]  
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If you don't know where your ancestor lived, search every court. If no will is found, your ancestor may not have left one.  
If you don't know where your ancestor lived, search every court. If no will is found, your ancestor may not have left one.  


== Probate Indexes Online ==
== Probate Indexes  ==
 
The following Web sites include indexes to several parishes in Cumberland. Indexes for only one court are mentioned in the article about the court. <br>
 
The [http://www.uclan.ac.uk/ahss/education_social_sciences/history/probate_index.php University of Central Lancashire] has "An index of all surviving probate documents for the Western Deaneries of the Archdeaconry of Richmond, 1748-1858 has been prepared. The deaneries included are Amounderness, Copeland, Furness, Kendal and Lonsdale". The indexes are based on 36,676 wills. Indexes for surnames and for places are free of charge.


[http://www.genuki.org.uk/big/eng/CUL/ProbateRecords/index.html ''Wills of Cumberland: Abstracts of Cumberland Probate Records pre-1858'']&nbsp; is being compiled.<br>
The following Web site contains an index to several parishes in Cumberland. Indexes for a single court are listed in the article for the specific court. <br> [http://www.genuki.org.uk/big/eng/CUL/ProbateRecords/index.html ''Wills of Cumberland: Abstracts of Cumberland Probate Records pre-1858'']&nbsp; is being compiled.<br>  


== Post-1857 Probate Records  ==
== Post-1857 Probate Records  ==
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Beginning in 1858, the government took over the&nbsp;settlement of estates and all&nbsp;wills are now probated through the Principal Probate Registry system. Start by using the country-wide surname index. Doing so will simplify the process of locating an abstract.  
Beginning in 1858, the government took over the&nbsp;settlement of estates and all&nbsp;wills are now probated through the Principal Probate Registry system. Start by using the country-wide surname index. Doing so will simplify the process of locating an abstract.  


Original records are available through the office of Her Majesty's Courts Service.&nbsp; To learn more, go to the [http://www.hmcourts-service.gov.uk/infoabout/civil/probate/index.htm HMCS website].The Family History Library has film copies of some of the records.<br>
Original records are available through the office of Her Majesty's Courts Service.&nbsp; To learn more, go to the [http://www.hmcourts-service.gov.uk/infoabout/civil/probate/index.htm HMCS] Web site.The Family History Library has film copies of some of the records.<br>  


<br>
<br>  


[[Category:England|England]]
[[Category:England|England]]

Revision as of 11:17, 14 May 2009

England Gotoarrow.png Cumberland

The following article is about probate records in the county of Cumberland. To read general information about English probate records click here.

Getting Started[edit | edit source]

Probate is the legal court process by which the estate of a deceased person is distributed to his or her heirs. The Church of England ecclesiastical courts had authority for this process prior to 1858. To look for a probate record before this time:

  1. Discover when and where your ancestor died. If you don’t know, use an approximate date and place where they lived.
  2. Go to a list of courts that had authority over a place. It's called a jurisdictions table.
  3. Click a letter or span of letters to see the table. The letters are below in the section called Court Jurisdictions.
  4. Start a search in the court named in the first column, labeled Primary Court.
  5. Click on the name of a court to learn more about finding and using its records. 

Beginning in 1858, authority over probate matters was taken from ecclesiastical courts and put under the civil authority of the Principal Probate Registry. The Post-1857 Probate Records section below contains links to additional information about the records of this court.

Cumberland County Probate Courts[edit | edit source]

In addition, the Prerogative Court of the Archbishop of Canterbury had jurisdiction over the whole of England. Wealthier individuals, people who owned property in more than one county or lower court's jurisdiction, and Naval personnel often had their estates probated through the Archbishop's court.

Appeals Courts[edit | edit source]

Any probate that was disputed and could not be settled by the county courts could be sent to these higher appeals courts:

Court Jurisdictions[edit | edit source]

Before 1858, every town and parish in Cumberland was under the probate jurisdiction of a primary court and several secondary courts.  When searching for the will of an ancestor, find the name of the town or parish where he/she lived in the jurisdictions lists below. Go to the list of places by clicking on a letter or series of letters below.

A B-C D-H I-N O-T U-Z

If you don't know where your ancestor lived, search every court. If no will is found, your ancestor may not have left one.

Probate Indexes[edit | edit source]

The following Web site contains an index to several parishes in Cumberland. Indexes for a single court are listed in the article for the specific court.
Wills of Cumberland: Abstracts of Cumberland Probate Records pre-1858  is being compiled.

Post-1857 Probate Records[edit | edit source]

Beginning in 1858, the government took over the settlement of estates and all wills are now probated through the Principal Probate Registry system. Start by using the country-wide surname index. Doing so will simplify the process of locating an abstract.

Original records are available through the office of Her Majesty's Courts Service.  To learn more, go to the HMCS Web site.The Family History Library has film copies of some of the records.