Durham Probate Records

England Durham

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

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 until to 1858. 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.

To look for a probate record before 1858:

1. Discover when and where your ancestor died. If you don’t know, use the approximate date and place where they lived.
   
2. Go to Court Jurisdictions section below.
   
3. Click a letter or span of letters for your place name. This opens a jurisdictions table.
   
4. Follow the instructions on the jurisdictions table page.
   

Durham Probate Courts

The following single probate court had jurisdiction over County Durham before 1858:

• Court of the Bishop of Durham (Episcopal Consistory)
  

If a will is not found in this court, search these additional courts.

• Exchequer and Prerogative Courts of the Archbishop of York
• Court of the Peculiar of the Dean and Chapter of York
• Chancery Court of the Archbishop of York

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 proven through the Archbishop's court. Search the records of this court after all of the others have been searched.

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
• High Court of Delegates
• Prerogative Court of Canterbury

Durham Parishes and Their Probate Jurisdictions

Before 1858, every town and parish in Kent was under the probate jurisdiction of a primary court and several secondary courts. To find the will of your ancestor who lived or owned property in Kent, see a list of Kent parishes with the pre-1858 courts that had probate jurisdiction over each. To see a list of parishes in the county click here.

If you do not know where in Durham your ancestor lived or owned property, search the indexes for the court. If not found, search the index to the Prerogative Court of the Archbishop of Canterbury. Be aware that not every person left a will.

Court Jurisdictions

The whole of the county of Durham was under the primary jurisdiction of the Court of the Bishop of Durham also known as the Episcopal Consistory Court of Durham (see above). This court should be searched first when looking for the probate of a deceased person who lived or owned property in County Durham.

The other courts listed above had secondary jurisdiction over County Durham.  If you do not find a probate listed in the indexes to the Court of the Bishop of Durham, then you should try the secondary courts. 

The last courts to search would be the appeals courts (see the main England Probate Records page for an explanation of the appeals courts).

 

Probate Indexes Online

Before looking for a will, you should search an index.

• Durham and Northumberland probate records, 1527-1857. The planned completion date is summer 2009.

 

Estate Duty Records

Starting in 1796, a tax or death duty was payable on estates over a certain value. Estate duty abstracts may add considerable information not found elsewhere. Between 1813-1858 estate duty indexes may help locate a will. For more information, go to Estate Duty Records.

Post-1857 Probate Records

Beginning in 1858, the government took over the settlement of estates and all wills are now probated through the Principal Probate Registry system. For more information, go to Principal Probate Registry.