Lancashire Probate Records

England  Lancashire

The following article is about probate records in the county of Lancashire.  For general information about English probate records, click here.

Description

Probate is the legal court process by which the estate of a deceased person is distributed to his or her heirs. The term probate refers to a collection of documents, including wills, administrations (also called admons), inventories, and act books. The Church of England ecclesiastical courts had authority for this process until to 1858. This article explains about probates and how to get started to search for a will.

Beginning in 1858, authority over probate matters was taken from ecclesiastical courts and put under the civil authority of the Principal Probate Registry. The Probates After 1857 section below has a link to an article about probates after 1857.

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 Probates After 1857 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.
   

Explanatory Notes

Probate records of Lancashire commence from as early as 1321 to 1857. The probate court jurisdictions listed below hold extensive probate record coverage not only for Lancashire but for Yorkshire, Cheshire, Durham, and Cumberland. There is only one peculiar or smaller court jurisdictions which pertain to Lancashire parishes.

Lancashire Probate Courts

• Court of the Bishop of Chester (Episcopal Consistory)
• Court of the Bishop (Consistory) of the Commissary of the Archdeaconry of Richmond Western Deaneries
• Court of the Peculiar of the Dean and Chapter of York
• Court of the Chancery of the Archbishop of York
• Peculiar Court of Halton Manor
• Exchequer and Prerogative Courts of the Archbishop of York

In addition, the Prerogative Court of the Archbishop of Canterbury had jurisdiction over the whole of England and specifically in the following cases.

• Wealthy individuals
  
• People who owned property in more than one county
  
• Military and naval personnel
  
• People who lived or owned property outside England
  

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.

Court Jurisdictions By Parish

Before 1858, every town and parish in Lancashire was under the probate jurisdiction of a primary court and one or more secondary courts.  To see a list of parishes (and chapelries) in Lancashire and the pre-1858 courts that had probate jurisdiction over them, click on a letter link:

A

B

C

D-E

F-G

H

I-L

M-N

O-R

S

T-U

Wal-Wav

We-Z

Indexes

• B. Nelson is creating an online index to Lancashire wills. This is an on-going project and the database will grow and become more complete with time. To access the index, go to: Lancashire Will Search.
• The Prerogative Court of Canterbury (also known as the PCC) has an online index of wills and if a will is found it can be ordered online. The advantage of the PCC site is that you can order the will directly for a small fee. The Lancashire Will Search, mentioned above also has indexed the P.C.C. wills for Lancashire.
• An index of wills and related documents for 1748-1858 has been prepared and covers Lancashire north of the Ribble River, and parts of Cumberland, Westmorland and Yorkshire.  It indexes all surviving probate documents for the Western Deaneries of the Archdeaconry of Richmond, which include the deaneries of Amounderness, Copeland, Furness, Kendal and Lonsdale:
  

Probate Records of Lancashire Courts

• MISCELLANEOUS WILLS 1695-1855 Diocese of Chester. Consistory Court
• PROBATE RECORDS 1558-1858, Consistory Court of the Diocese of Chester, 1558-1858 Diocese of Chester. Consistory Court
• PROBATE RECORDS 1466-1860 Archdeaconry of Richmond. Consistory Court (Western Deaneries)
• PROBATE RECORDS, 1521-1858 Church of England. Diocese of Chester. Consistory Court
• PROBATE RECORDS, 1852 Church of England. Prebendal Court (Fordington and Writhlington)
• PROBATE RECORDS, 1374 to 1858 Court of the Exchquer of the Archbishop of York
• PROBATE RECORDS, early to 1858 Court of the Chancery of the Archbishop of York
• PROBATE RECORDS, Court of the Peculiar of the Dean and Chapter of York

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. Estate duty indexes may help locate a will. For more information, go to Estate Duty Records.<br

Probates After 1857

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.