Cumberland Probate Records: Difference between revisions

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[[England]] [[Image:Gotoarrow.png]] [[Cumberland]]  
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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]].
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== Getting Started  ==
== 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 Cumberland. See [[England Probate Records]] for a general description of probate records in England.
''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>


=== 1858 to the Present  ===
#Discover when and where your ancestor died. If you don’t know, use an approximate date and place where they lived. <br>
#Go to a list of courts that had authority over a place. It's called a jurisdictions table.<br>
#Click a letter or span of letters to see the table. The letters are below in the section called Court Jurisdictions.<br>
#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, the [[Principal Probate Registry|Principal Probate Registry]] had the authority for probating estates. Click on the link to learn more.
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>


==== Online Records ====
== Cumberland Probate Courts  ==


*'''1858-1957''' {{RecordSearch|2451051|England and Wales, National Index of Wills and Administrations, 1858-1957}} at FamilySearch - [[England and Wales, National Index of Wills and Administrations - FamilySearch Historical Records|How to Use this Collection]]; index & images
*[[Court of the Bishop of Carlisle (Episcopal Consistory)]]  
* '''1858-1995''' [https://www.ancestry.com/search/collections/1904/ England & Wales, National Probate Calendar (Index of Wills and Administrations), 1858-1995] at Ancestry($); index
*[[Court of the Archdeaconry of Richmond Western Deaneries - Copeland]]  
* '''1858-2019''' [https://search.findmypast.com/search-world-records/england-and-wales-government-probate-death-index-1858-2019 England & Wales Government Probate Death Index 1858-2019] at Findmypast($); index
*[[Court of the Bishop of Durham (Episcopal Consistory)]]


=== Before 1858  ===
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.


Before 1858, Church of England ecclesiastical courts had authority for this process. To search for a pre-1858 probate record in Cumberland, follow these steps:
==== Appeals Courts  ====


==== Step 1. Search Indexes  ====
Any probate that was disputed and could not be settled by the county courts could be sent to these higher appeals courts:


Before looking for a will, you should search a probate index. It will save time and give a reference to finding a copy of a will. A few indexes are mentioned here. Others indexes, especially if they only index the wills for one court, are mentioned on each court page.<br>
*[[Court of Arches]]
*[[High Court of Delegates]]
*[[Prerogative Court of the Archbishop of Canterbury]].


*[https://www.findmypast.com/articles/england-and-wales-published-wills-and-probate-indexes-1300-1858-volumes-available/cumberland/index-to-the-wills-proved-in-the-consistory-court-of-carlisle-1661-1750-introduction-to-original-volume Index to the Wills Proved in the Consistory Court of Carlisle 1661-1750] at Findmypast - index ($).
== Court Jurisdictions  ==


Indexes are found in archives and in the FamilySearch Library. Click here to see a list of the library's holdings for {{FSC|England, Cumberland - Probate records - Indexes|subject|subject-id=114683251|disp=indexes}} and {{FSC|England, Cumberland - Probate records|subject|subject-id=1536655066|disp=wills}}. Films can be viewed in the Library or in a [https://www.familysearch.org/en/centers/about FamilySearch Center]. <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>  


Did you find a reference to a will?
{| cellspacing="1" cellpadding="1" border="0" class="FCK__ShowTableBorders" style="width: 277px; height: 27px;"
 
*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:
 
*[https://www.visionofbritain.org.uk/ 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 Cumberland 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.<br>
 
 
 
{| class="FCK__ShowTableBorders" style="width: 360px; height: 30px" cellspacing="1" cellpadding="1" border="0"
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|-
| [[Cumberland Probate Jurisdictions, Parishes A|A]]  
| [[Cumberland Probate Jurisdictions, Parishes A|A]]
| [[Cumberland Probate Jurisdictions, Parishes B-C|B-C]]  
| [[Cumberland Probate Jurisdictions, Parishes B-C|B-C]]  
| [[Cumberland Probate Jurisdictions, Parishes D-H|D-H]]  
| [[Cumberland Probate Jurisdictions, Parishes D-H|D-H]]  
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<br>
If you don't know where your ancestor lived, search every court. If no will is found, your ancestor may not have left one.  
 
==== Step 4. Obtain a copy of the probate record  ====
 
Once you have found an index reference to a will or other probate record, obtain a copy of the record. Do so by one of these methods:
 
*{{FSC|England, Cumberland - Probate records|subject|subject-id=1536655066|disp=Cumberland England Probate Records}}(*) at FamilySearch Catalog - some images may only be available at a [https://www.familysearch.org/centers/locations/ FamilySearch Center or FamilySearch Affiliate Library.]<br>
*Visit or contact the record office that has the original records in its collection.
 
== Cumberland Probate Courts  ==


The following ecclesiastical courts had some probate jurisdiction over the county of Cumberland prior to 1858. Click on a court name to learn more about its records, indexes and finding a probate for your ancestor. To determine which court, go to the Court Jurisdictions section above.<br>
== Probate Indexes  ==


*[[Court of the Bishop of Carlisle (Episcopal Consistory)]]
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>
*[[Court of the Archdeaconry of Richmond Western Deaneries - Copeland]]
*[[Court of the Bishop of Durham (Episcopal Consistory)]]
*[[Exchequer and Prerogative Courts of the Archbishop of York]]
*[[Prerogative Court of the Archbishop of Canterbury]]  


<br>
== Post-1857 Probate Records  ==


== Some Explanatory Notes on the Cumberland Probate Courts ==
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.


The original probate records are housed in one of four record offices in the following cities: Barrow, Kendall, Carlisle, and Whitehaven. Links to these offices are found on the [http://www.cumbria.gov.uk/archives/recordoffices/default.asp Cumbria Archive Service] site.  
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>


{{Place|Cumberland|Probate Records}}
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{{England Probate Records}}


[[Category:Cumberland Probate Records|Probate Records]]
[[Category:England|England]]

Revision as of 10:41, 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 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.