Cheshire Probate Records: Difference between revisions

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{{Cheshire-sidebar}}
''[[England]] [[Image:Gotoarrow.png]] [[Cheshire]]''
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==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 Cheshire. See [[England Probate Records]] for a general description of probate records in England.  
For an explanation of probate records in England, click [[England Probate Records|here]].  


===1858 to the Present===
== Getting Started  ==


Beginning in 1858, the [[Principal Probate Registry|Principal Probate Registry]] had the authority for probating estates. Click on the link to learn more.
''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.  


====Online Records====
To look for a probate record before 1858:<br>


*'''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
#Discover when and where your ancestor died. If you don’t know, use the approximate date and place where they lived.
*'''1858-1995''' [https://www.ancestry.com/search/collections/1904/ England & Wales, National Probate Calendar (Index of Wills and Administrations), 1858-1995] at Ancestry
#Go to [https://wiki.familysearch.org/en/Cheshire_Probate_Records#Court_Jurisdictions Court Jurisdictions] section below.
*'''1858-2019''' [https://search.findmypast.co.uk/search-world-records/england-and-wales-government-probate-death-index-1858-2019 England & Wales Government Probate Death Index 1858-2019] at Findmypast
#Click a letter or span of letters for your place name. This opens a jurisdictions table.  
#Follow the instructions on the jurisdictions table page.<br>


===Before 1858===
== Cheshire Probate Courts  ==


Before 1858, Church of England ecclesiastical courts had authority for this process. To search for a pre-1858 probate record in Cheshire, follow these steps:  
*[[Court of the Bishop of Chester (Episcopal Consistory)]]
*[[Exchequer and Prerogative Courts of the Archbishop of York]]
*[[Chancery Court of the Archbishop of York]]
*[[Court of the Peculiar of the Dean and Chapter of York]]
*[[Prerogative Court of the Archbishop of Canterbury]]
 
==== 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]]
 
The [[Prerogative Court of the Archbishop of Canterbury]] also served as an appeals court.<br>
 
<br>


====Step 1. Search Indexes====
== Some Explanatory Notes on the Cheshire Courts  ==


Cheshire's probate jurisdictions are well-covered with indexes. Follow these steps for accessing some online indexes to probate records that include individuals who lived in Cheshire. Search these indexes first:
1. Cheshire had no peculiar court jurisdictions in the county. There are several higher probate court jurisdictions which hold concurrent jurisdiction over Chesire. To identify and learn about these courts and their records, click on the "Cheshire Probate Courts" links above.  


1. First search each index (see listed below) to help you more quickly find the will, writing down each detail cited in the index entry such as the year (or date of the will or admon), the page or folio number and town or parish listed:
2. The [[Court of the Bishop of Chester (Episcopal Consistory)]] was sub-divided into basically two courts--a higher or what is termed, a "Supra" court and, a lower or "Infra" court. A majority of&nbsp;Cheshire wills and admons were probated in the "Infra" court. <br>


*A comprehensive and county-wide '''[https://www.cheshirearchives.org.uk/family-history/wills-and-probate-records.aspx Wills index]''' compiled by the Cheshire Record Office. This index covers the years 1492-1940 and contains 130,000 entries. It covers probate documents proved at Chester mainly for the County of Cheshire.
== Probate Indexes ==
*The following Website specifically covers the parishes of Disley, Lyme Handley; Taxal &amp; Whaley in Cheshire: '''http://www.disley.net'''.
*A new and comprehensive {{RecordSearch|1589492|England, Cheshire Probate Records, 1492-1940 }} is now available at [https://www.familysearch.org FamilySearch]. More information at [[England Cheshire Probate Records - FamilySearch Historical Records]]
*The original will indexes for the [[Court of the Bishop of Chester (Episcopal Consistory)]] for 1545-1858 are available in print by both the Lancashire &amp; Cheshire Record Society and the Chetham Society. These two large publication series cover both Cheshire and Lancashire counties. They are available at many major archives in the United Kingdom such as at the British Library, and Guildhall Library, London, and other like institutions. The FamilySearch Library likewise has most of these printed indexes in book form and/or on microfilm (see below).
*Original handwritten indexes and calendars to the Probate Acts of Wills and Administrations (Admons) from 1492-1857 were created as the probate records were filed and are found with the records (see below).
*The Wills and Inventories a complete transcription 1603 to 1625 of {{FSC|2078074|item|disp=The Ancient Parishes of Malpas, Tilston and Shocklack}}


2. Click on the court name (i.e. Court of the Bishop of Chester [Episcopal Consistory] below) to learn more about the records.  
Cheshire's probate jurisdictions are well-covered with indexes; look in this section in each court jurisdiction to find valuable indexes to Cheshire's probate records.  


3. Accessibility to the indexes:
=== Starting Your Search in Indexes  ===


*Contact or visit the [http://www.cheshireeast.gov.uk/leisure_and_culture/record_office.aspx Cheshire Record Office], ''OR'' you may use their [http://www.cheshireeast.gov.uk/leisure,_culture_and_tourism/record_office/research_service.aspx research service] to obtain a copy of a record.
1. First search each index (see below) to help you more quickly find the will, writing down each detail cited in the index entry.  


4. You can visit the [https://www.familysearch.org/en/library/ FamilySearch Library] which has microfilm copies of original Cheshire probate indexes and calendars for 1492-1858.  
2. Click on a court name above to&nbsp;learn more about the records.  


5. {{FSC|821001|title-id|disp=Original wills, bonds, and inventories for Chester only, 1492-1858}}(*) at FamilySearch Catalog
3. Contact or visit the [http://www.cheshire.gov.uk/recoff/ Chester Record Office], ''OR'' you may&nbsp;use their [http://www.cheshire.gov.uk/Recordoffice/shop/recoffrequestres.htm research&nbsp;service] to&nbsp;obtain a copy of a record.


From an index, did you find a reference to a probate record?
4. Visit the [http://www.familysearch.org/eng/library/FHL/frameset_library.asp Family History Library], or one of its 4,500 satellite [http://www.familysearch.org/eng/library/FHC/frameset_fhc.asp family history centers] worldwide, and obtain a copy of the probate record from microfilm.


*If ''yes'', go to '''Step 3, 4 or 5''' above - any option.
==== Probate Indexes Online 1492-1940  ====
*If ''no'', go to '''Step 3 '''above to contact the Cheshire Record Office for further information.


====Step 2. Identify when and where your ancestor died====
Before looking for a will, search the comprehensive and county-wide [http://www.cheshire.gov.uk/Recordoffice/Wills/ Wills index] compiled by the Cheshire local government.&nbsp;This index covers the years 1492-1940 and contains 130,000 entries. It covers probate documents proved at Chester mainly for Cheshire residents.


Determine ''when'' your ancestor died. If you are not sure, use an approximate date.
The following website specifically covers the parishes of Disley, Lyme Handley; Taxal &amp; Whaley in Cheshire: <br>[http://www.disley.net http://www.disley.net]


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 1870 ''Imperial Gazetteer of England and Wales'' online: [https://www.visionofbritain.org.uk/descriptions/index.jsp Vision of Britain]
==== Printed Indexes  ====


The gazetteer will either tell you:
The original will indexes for the [[Court of the Bishop of Chester (Episcopal Consistory)]] for 1545-1858 are available in print by both the Lancashire &amp; Cheshire Record Society and the Chetham Society. These two large publication&nbsp;series&nbsp;cover both Cheshire and&nbsp;Lancashire counties. These series are available at many major archives in the United Kingdom such as at the British Library, and Guildhall Library, London, and other like institutions. The Family History Library likewise has most of these printed indexes in book form and/or on microfilm (see below).


*A place is a parish, or
==== Original Handwritten Indexes  ====
*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.  
Indexes and calendars to the Probate Acts of Wills and Administrations (Admons) exist from 1492-1857 and were created&nbsp;as&nbsp;the probate records were filed.  


Once you have identified the parish, go to '''Step 3'''.
Calendars are a kind of index (arranged by the first letter of each surname) to the probate records and admons (administrations).


====Step 3. Cheshire's court jurisdiction ====
==== Microfilmed Indexes at the Family History Library  ====


Before 1858, all Cheshire parishes were under the primary probate jurisdiction of the Court of the Bishop of Cheshire (Chester). Secondary courts are also listed in the table below.
The [http://www.familysearch.org/eng/library/FHL/frameset_library.asp Family History Library] has many will and admon (Administration) indexes and calendars available in book form and on microfilm covering&nbsp;1492-1858.&nbsp;Microfilms&nbsp;may be circulated to any of its 4,500&nbsp;satellite [http://www.familysearch.org/eng/library/FHC/frameset_fhc.asp family history centers] worldwide. To determine film numbers,&nbsp;go to 'Cheshire - Probate Records - Indexes' in the [http://www.familysearch.org/eng/library/FHC/frameset_fhc.asp Family History Library Catalog].  


When looking for the will of an ancestor in Cheshire, search the courts in the order given.  Again, search indexes first. 
<br>


Pre-1541 -
== Cheshire Parishes and Their Probate Jurisdictions  ==


*[[Court of the Bishop of Lichfield (Episcopal Consistory)]]
Before 1858, all of Cheshire was under the primary probate jurisdiction of the Court of the Bishop&nbsp;of&nbsp;Cheshire.&nbsp; Secondary courts are also listed in the table below.&nbsp; When looking for the will of an ancestor in Cheshire, search the courts in the order given.&nbsp; Search indexes first.&nbsp; For an online index to Cheshire wills, click [http://www.cheshire.gov.uk/recordoffice/wills/Home.htm here].
*[[Prerogative Court of the Archbishop of Canterbury]]
 
{| cellspacing="0" cellpadding="5" width="95%" align="center" border="1"
|-
! style="background: rgb(255,222,173); moz-background-clip: -moz-initial; moz-background-origin: -moz-initial; moz-background-inline-policy: -moz-initial" width="15%" | PARISH
! style="background: rgb(255,222,173); moz-background-clip: -moz-initial; moz-background-origin: -moz-initial; moz-background-inline-policy: -moz-initial" width="40%" | PRIMARY COURT
! style="background: rgb(255,222,173); moz-background-clip: -moz-initial; moz-background-origin: -moz-initial; moz-background-inline-policy: -moz-initial" width="40%" | SECONDARY COURTS - IN SEARCH ORDER
|-
| All parishes
| Pre-1541 - [[Court of the Bishop of Lichfield (Episcopal Consistory)]]  
Post-1540 - [[Court of the Bishop of Chester (Episcopal Consistory)]]
 
|
''Pre-1541''


Post-1540 -  
2 - [[Prerogative Court of the Archbishop of Canterbury]]


*[[Court of the Bishop of Chester (Episcopal Consistory)]] - the main court jurisdiction
''Post-1540''
*[[Exchequer and Prerogative Courts of the Archbishop of York]]
*[[Court of the Peculiar of the Dean and Chapter of York]]
*[[Court of the Chancery of the Archbishop of York]]
*[[Prerogative Court of the Archbishop of Canterbury]]


====Step 4. Obtain a copy of the probate record====
2 - [[Exchequer and Prerogative Courts of the Archbishop of York]]


Once you have found an index reference to a probate, obtain a copy of the record. Do so by one of these methods:
3 - [[Court of the Peculiar of the Dean and Chapter of York]]


*{{FSC|England, Cheshire - Probate records|subject|subject-id=1507948850|disp=Cheshire 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>
4 - [[Court of the Chancery of the Archbishop of York]]
*Visit or contact the record office that has the original records in its collection.


==Cheshire Probate Courts==
5 - [[Prerogative Court of the Archbishop of Canterbury]]


Here is a list (again) of the pre-1858 ecclesiastical courts that had probate jurisdiction over Cheshire.  The whole of Cheshire was under the Court of the Bishop of Chester (Episcopal Consistory). However, some parishes also came under concurrent jurisdiction or secondary court jurisdictions such as the Exchequer or Prerogative Courts of the Archbishop of York. Click on a court name to learn more about records.
|}


*[[Court of the Bishop of Chester (Episcopal Consistory)]]
<br>
*[[Exchequer and Prerogative Courts of the Archbishop of York]]
*[[Chancery Court of the Archbishop of York]]
*[[Court of the Peculiar of the Dean and Chapter of York]][[Prerogative Court of the Archbishop of Canterbury|<br>]]
*[[Prerogative Court of the Archbishop of Canterbury]]


==Some Explanatory Notes on the Cheshire Courts==
== Estate Duty Records  ==


1. Cheshire had no peculiar court jurisdictions in the county. There are several higher probate court jurisdictions which hold concurrent jurisdiction over Chesire. To identify and learn about these courts and their records, click on the "Cheshire Probate Courts" links above.  
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. Estate duty indexes may help you locate a will. For more information, go to the article on [[Estate Duty Records]].<br>


2. The [[Court of the Bishop of Chester (Episcopal Consistory)]] was sub-divided into basically two courts--a higher or what is termed, a "Supra" court and, a lower or "Infra" court. A majority of Cheshire wills and admons were probated in the "Infra" court.
<br>


'''A wiki article describing this collection is found at:'''
== Post-1857 Probate Records  ==


[[England Cheshire Probate Records - FamilySearch Historical Records|England Cheshire Probate Records - FamilySearch Historical Records]]  
Beginning in 1858, the government took over the settlement of estates and all wills are now probated through the Principal Probate Registry system. The system consists of 11 district registry offices and 18 sub-district registries, located throughout England and Wales, and the Principal Registry Office located in London. The records are available through the office of Her Majesty's Courts Service. To learn more, go to the [http://www.hmcourts-service.gov.uk/infoabout/civil/probate/index.htm HMCS website].


{{Place|Cheshire|Probate Records}}
A country-wide surname index to the records is available, so it is much easier to look for post-1857 wills. The [http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=titledetails&titleno=208102&disp=Calendar+of+the+grants+of+probate+and+le%20%20&columns=*,0,0 indexes] for 1858-1957 and the records for the [http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=titledetails&titleno=517092&disp=Record+copy+wills%2C+1858%2D1925%20%20&columns=*,0,0 Principal Registry] and the [http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=titledetails&titleno=517092&disp=Record+copy+wills%2C+1858%2D1925%20%20&columns=*,0,0 District Registries] for 1858-1925 are available on microfilm at the Family History Library. <br>
{{England Probate Records}}


[[Category:Cheshire Probate Records]]
[[Category:Cheshire]]

Revision as of 11:47, 15 June 2009

England Gotoarrow.png Cheshire

For an explanation of probate records in England, 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 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.

Cheshire Probate Courts[edit | edit source]

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:

The Prerogative Court of the Archbishop of Canterbury also served as an appeals court.


Some Explanatory Notes on the Cheshire Courts[edit | edit source]

1. Cheshire had no peculiar court jurisdictions in the county. There are several higher probate court jurisdictions which hold concurrent jurisdiction over Chesire. To identify and learn about these courts and their records, click on the "Cheshire Probate Courts" links above.

2. The Court of the Bishop of Chester (Episcopal Consistory) was sub-divided into basically two courts--a higher or what is termed, a "Supra" court and, a lower or "Infra" court. A majority of Cheshire wills and admons were probated in the "Infra" court.

Probate Indexes[edit | edit source]

Cheshire's probate jurisdictions are well-covered with indexes; look in this section in each court jurisdiction to find valuable indexes to Cheshire's probate records.

Starting Your Search in Indexes[edit | edit source]

1. First search each index (see below) to help you more quickly find the will, writing down each detail cited in the index entry.

2. Click on a court name above to learn more about the records.

3. Contact or visit the Chester Record Office, OR you may use their research service to obtain a copy of a record.

4. Visit the Family History Library, or one of its 4,500 satellite family history centers worldwide, and obtain a copy of the probate record from microfilm.

Probate Indexes Online 1492-1940[edit | edit source]

Before looking for a will, search the comprehensive and county-wide Wills index compiled by the Cheshire local government. This index covers the years 1492-1940 and contains 130,000 entries. It covers probate documents proved at Chester mainly for Cheshire residents.

The following website specifically covers the parishes of Disley, Lyme Handley; Taxal & Whaley in Cheshire:
http://www.disley.net

Printed Indexes[edit | edit source]

The original will indexes for the Court of the Bishop of Chester (Episcopal Consistory) for 1545-1858 are available in print by both the Lancashire & Cheshire Record Society and the Chetham Society. These two large publication series cover both Cheshire and Lancashire counties. These series are available at many major archives in the United Kingdom such as at the British Library, and Guildhall Library, London, and other like institutions. The Family History Library likewise has most of these printed indexes in book form and/or on microfilm (see below).

Original Handwritten Indexes[edit | edit source]

Indexes and calendars to the Probate Acts of Wills and Administrations (Admons) exist from 1492-1857 and were created as the probate records were filed.

Calendars are a kind of index (arranged by the first letter of each surname) to the probate records and admons (administrations).

Microfilmed Indexes at the Family History Library[edit | edit source]

The Family History Library has many will and admon (Administration) indexes and calendars available in book form and on microfilm covering 1492-1858. Microfilms may be circulated to any of its 4,500 satellite family history centers worldwide. To determine film numbers, go to 'Cheshire - Probate Records - Indexes' in the Family History Library Catalog.


Cheshire Parishes and Their Probate Jurisdictions[edit | edit source]

Before 1858, all of Cheshire was under the primary probate jurisdiction of the Court of the Bishop of Cheshire.  Secondary courts are also listed in the table below.  When looking for the will of an ancestor in Cheshire, search the courts in the order given.  Search indexes first.  For an online index to Cheshire wills, click here.

PARISH PRIMARY COURT SECONDARY COURTS - IN SEARCH ORDER
All parishes Pre-1541 - Court of the Bishop of Lichfield (Episcopal Consistory)

Post-1540 - Court of the Bishop of Chester (Episcopal Consistory)

Pre-1541

2 - Prerogative Court of the Archbishop of Canterbury

Post-1540

2 - Exchequer and Prerogative Courts of the Archbishop of York

3 - Court of the Peculiar of the Dean and Chapter of York

4 - Court of the Chancery of the Archbishop of York

5 - Prerogative Court of the Archbishop of Canterbury


Estate Duty Records[edit | edit source]

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. Estate duty indexes may help you locate a will. For more information, go to the article on Estate Duty Records.


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. The system consists of 11 district registry offices and 18 sub-district registries, located throughout England and Wales, and the Principal Registry Office located in London. The records are available through the office of Her Majesty's Courts Service. To learn more, go to the HMCS website.

A country-wide surname index to the records is available, so it is much easier to look for post-1857 wills. The indexes for 1858-1957 and the records for the Principal Registry and the District Registries for 1858-1925 are available on microfilm at the Family History Library.

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