Korirobbins (talk | contribs) |
|||
| (50 intermediate revisions by 6 users not shown) | |||
| Line 1: | Line 1: | ||
{{Wales | {{CountrySidebar | ||
{{breadcrumb | |Country=Wales | ||
|Name=Wales | |||
|Type=Topic | |||
|Topic Type=Records | |||
|Records=Probate Records | |||
|Rating=Acceptable | |||
}}{{breadcrumb | |||
| link1=[[Wales Genealogy|Wales]] | | link1=[[Wales Genealogy|Wales]] | ||
| link2= | | link2= | ||
| Line 8: | Line 14: | ||
}} | }} | ||
==Online Resources== | |||
*'''1513-1858''' [https://www.ancestry.com/search/collections/61635/ Wales, Wills and Probate, 1513-1858] index & images at Ancestry ($) | |||
*'''1521-1858''' index & images at the [https://www.library.wales/discover/library-resources/wills National Library of Wales]. | |||
*'''1544-1858''' [https://search.findmypast.com/search-world-records/wales-probate-records-1544-1858 Wales Probate Indexes, 1544-1858] index at Findmypast - index ($); [https://search.findmypast.com/search-world-records/wales-probate-abstracts-1544-1858-image-browse Probate Abstracts, 1544-1858 Image Browse]. The Archdeaconry of Brecon is included under the Archdiocese of St. David's. The peculiar of Hawarden is not included in this index and image browse. | |||
*'''1544-1858''' [https://www.familysearch.org/search/collection/1876640?collectionNameFilter=false Wales, Probate Records, 1544-1858] images of abstracts at FamilySearch.org. The Archdeaconry of Brecon is included under the Archdiocese of St. David's. The peculiar of Hawarden is not included in image browse. Indexes may be on images at the beginning or end. | |||
*'''1998-Onward''' [https://www.myheritage.com/research/collection-20645/united-kingdom-deceased-estates-notices?s=275764761 United Kingdom, Deceased Estates Notices] at MyHeritage — index & images ($) | |||
==Background== | |||
Probate records are court records dealing with the distribution of a person’s estate after death. Information recorded may include the death date, names of heirs and guardians, relationship, residence, inventories of the estate (including trade and household goods), and names of witnesses. Any person, regardless of class or wealth, may have left a will or might be mentioned in one. | Probate records are court records dealing with the distribution of a person’s estate after death. Information recorded may include the death date, names of heirs and guardians, relationship, residence, inventories of the estate (including trade and household goods), and names of witnesses. Any person, regardless of class or wealth, may have left a will or might be mentioned in one. | ||
| Line 16: | Line 30: | ||
*Mention children who are from a spouse’s previous marriage. | *Mention children who are from a spouse’s previous marriage. | ||
*Mention a spouse who is not the parent of the children named.<br> | *Mention a spouse who is not the parent of the children named. | ||
*Be imprecise about the use of relationship terms or use them differently than we do today. For example, "daughter-in-law" may mean "step-daughter;" "cousin" may be any type of relation.<br> | |||
===Types of Probate Records=== | ===Types of Probate Records=== | ||
| Line 26: | Line 41: | ||
'''Administration, Letters of Administration, or Admon.''' These names refer to a document appointing someone to supervise the estate’s distribution for someone who died intestate (without a valid will). This document gives very little information but may contain some useful clues, such as the name of the administrator, who was usually a relative of the deceased.<br> | '''Administration, Letters of Administration, or Admon.''' These names refer to a document appointing someone to supervise the estate’s distribution for someone who died intestate (without a valid will). This document gives very little information but may contain some useful clues, such as the name of the administrator, who was usually a relative of the deceased.<br> | ||
'''Admon with Will.''' This record grants administration to someone else when the executor named in the will is deceased, unwilling, or unable to act as executor. A copy of the will is attached | '''Admon with Will.''' This record grants administration to someone else when the executor named in the will is deceased, unwilling, or unable to act as executor. A copy of the will is attached. | ||
'''Inventory.''' An inventory lists belongings and their values, including such items as household goods, tools, and personal items. Occupations are often mentioned.<br> | '''Inventory.''' An inventory lists belongings and their values, including such items as household goods, tools, and personal items. Occupations are often mentioned.<br> | ||
| Line 46: | Line 61: | ||
===Probating a Will=== | ===Probating a Will=== | ||
Usually the location of the deceased property determined which court had jurisdiction (see "Determining the Court" in this section). The probate process began by presenting the will to the court. The court recorded a probate act authorizing executors to carry out the wills provisions. The original will was endorsed and filed in the court’s records. A handwritten copy was given to the executors. (Before 1600 the executors may have received the original.) The clerk may also have copied the will into a book of registered wills. | Usually the location of the deceased's property determined which court had jurisdiction, especially before 1858 (see "Determining the Court" in this section). The probate process began by presenting the will to the court. The court recorded a probate act authorizing executors to carry out the wills provisions. The original will was endorsed and filed in the court’s records. A handwritten copy was given to the executors. (Before 1600 the executors may have received the original.) The clerk may also have copied the will into a book of registered wills. | ||
If a person did not agree with how the court handled the will, he or she could appeal to a higher court. This led to additional documents in the court of appeal, including assignation books (calendars of petitions of appeal, annotated with action taken) and other documents. Unless a complaint was filed, there were usually no further court records. Probating a will took place any time after the person died sometimes many years later. | If a person did not agree with how the court handled the will, he or she could appeal to a higher court. This led to additional documents in the court of appeal, including assignation books (calendars of petitions of appeal, annotated with action taken) and other documents. Unless a complaint was filed, there were usually no further court records. Probating a will took place any time after the person died sometimes many years later. | ||
| Line 53: | Line 68: | ||
In Wales, four types of church courts [[Abstracts of Welsh Wills Pre 1858|probated wills]]: peculiar, archdeaconry, Bishops’, and the Prerogative Court of Canterbury. Usually the court with primary jurisdiction probated the will, but wealth, status, or convenience could have affected which court was used. | In Wales, four types of church courts [[Abstracts of Welsh Wills Pre 1858|probated wills]]: peculiar, archdeaconry, Bishops’, and the Prerogative Court of Canterbury. Usually the court with primary jurisdiction probated the will, but wealth, status, or convenience could have affected which court was used. | ||
[[File:Welsh Probate Courts.jpg|right|frameless|360x360px]] | |||
Following are descriptions of the four types of Welsh probate courts: | Following are descriptions of the four types of Welsh probate courts: | ||
| Line 60: | Line 75: | ||
*Archdeaconry courts were divisions of a diocese. The only archdeaconries which had probationary jurisdiction were in the diocese of St. David’s. The probate records for St. David’s diocese were divided into two groups: the Archdeaconry Court of '''Brecon''', and the combined archdeaconries of '''St. David’s''', Cardigan, and Carmarthen and Gower. | *Archdeaconry courts were divisions of a diocese. The only archdeaconries which had probationary jurisdiction were in the diocese of St. David’s. The probate records for St. David’s diocese were divided into two groups: the Archdeaconry Court of '''Brecon''', and the combined archdeaconries of '''St. David’s''', Cardigan, and Carmarthen and Gower. | ||
*Bishops’ courts (also called episcopal, commissary, diocesan, or consistory courts) were the highest local courts. In Wales there were four main bishops’ courts: '''Bangor''', '''Llandaf''', '''St. Asaph''', and '''St. David’s'''. A small area in Flintshire and Denbighshire was under the jurisdiction of the Bishops’ Court of '''Chester''' in England. Parts of Monmouth, Montgomeryshire and | *Bishops’ courts (also called episcopal, commissary, diocesan, or consistory courts) were the highest local courts. In Wales there were four main bishops’ courts: '''Bangor''', '''Llandaf''', '''St. Asaph''', and '''St. David’s'''. A small area in Flintshire and Denbighshire was under the jurisdiction of the Bishops’ Court of '''Chester''' in England. Parts of Monmouth, Montgomeryshire and Radnorshire were under the jurisdiction of the Bishops’ Court of '''Hereford''' in England. | ||
*The Prerogative Court of Canterbury (PCC) was the highest court. This court was used if the deceased had property in more than one diocese. | *The Prerogative Court of Canterbury (PCC) was the highest court. This court was used if the deceased had property in more than one diocese. | ||
If a court’s decision was disputed, additional records may be found among later records of the same court or in any court of higher jurisdiction. Decisions made in the diocesan and archdeaconry courts in Wales could be appealed to the Prerogative Court of Canterbury and then to the Court of Arches (of Canterbury). Final appeals from all courts were taken to the Pope until 1533. They were then taken to the Court of Delegates until 1832, after which the Privy Council handled them. | If a court’s decision was disputed, additional records may be found among later records of the same court or in any court of higher jurisdiction. Decisions made in the diocesan and archdeaconry courts in Wales could be appealed to the Prerogative Court of Canterbury and then to the Court of Arches (of Canterbury). Final appeals from all courts were taken to the Pope until 1533. They were then taken to the Court of Delegates until 1832, after which the Privy Council handled them. | ||
===Locating Probate Records=== | |||
There are four steps to locating probate records: | |||
*Determine when and where the will might have been proven. | |||
*Determine which court or courts had jurisdiction. | |||
*Search the indexes of the court or courts. | |||
*Search the appropriate probate documents. | |||
===Determining the Court=== | |||
After 1857 it is not necessary to determine the court before searching for a probate record. To determine the court for pre-1858 probates, use one of the following publications: | |||
*''Handlist of Probate Records Pertaining to the Diocese of St. David’s'', ''St. Asaph, Bangor, and Llandaff, Wales and of the Peculiar and Exempt Court of Hawarden, Flint County.'' Salt Lake City, Utah: The Church of Jesus Christ of Latter-day Saints, 1970. (FamilySearch Library {{FSC|405695|title-id|disp=book 942.9 S2w; fiche 6054481}}.) This work contains color-coded maps to help determine the courts in which an estate would be proved. It also lists call numbers for indexes, wills, and administrations that apply to each court. | |||
*Gibson, Jeremy, comp. 4th ed. ''Probate Jurisdictions:'' ''Where to Look for Wills.'' Birmingham, England: Federation of Family History Societies (Publications) Ltd., 1997. (FamilySearch Library {{FSC|657264|title-id|disp=book 942 P23g}} 1997.) | |||
===Counties and Courts=== | ===Counties and Courts=== | ||
| Line 95: | Line 129: | ||
|Court of the Bishop of St. Asaph; Court of the Bishop of Bangor | |Court of the Bishop of St. Asaph; Court of the Bishop of Bangor | ||
|- | |- | ||
|[[Flintshire Genealogy|Flintshire]] | |[[Flintshire, Wales Genealogy|Flintshire]] | ||
|Court of the Bishop of St. Asaph; Court of the Bishop of Chester | |Court of the Bishop of St. Asaph; Court of the Bishop of Chester | ||
|- | |- | ||
| Line 117: | Line 151: | ||
|} | |} | ||
===Indexes=== | |||
Many Welsh probate records have indexes. Some indexes are calendars, which are lists of wills organized by date with a separate section for each letter of the alphabet. Surnames with the same first letter are listed together but are not in alphabetical order. The following are of particular importance. | |||
'''Welsh Probate Indexes Pre-1858.''' An index to probate records for the various courts in Wales before 1858 has been compiled by [https://www.library.wales/discover/library-resources/wills The National Library of Wales]. The indexes include references to wills, administration bonds, grants of administration, inventories, and other types of probate documents. It is helpful if you know the court prior to searching this index (see the chart above). | |||
The index lists the name of the person who left the will (testator), the parish and abode, the occupation, and the references needed to go directly to the correct page in the wills. | |||
'''Abstracts of Welsh Wills Pre-1858.''' An important collection of Welsh probates are the abstracts (summaries) and indexes to the abstracts of the wills that are on microfiche at the FamilySearch Library. The abstracts and indexes are by diocese; however, there is a separate set for the Archdeaconry of Brecon and the peculiar of Hawarden. The abstracts are arranged by year and contain the name of every person mentioned in the will, including the witnesses. | |||
You may browse the images of the diocesan records on FamilySearch.org under the collection [https://www.familysearch.org/search/collection/1876640?collectionNameFilter=false Wales, Probate Records, 1544-1858]. For more information about the collection and how to use it, see the [[Wales, Probate Abstracts - FamilySearch Historical Records|Wiki article]]. | |||
The diocesan records are partially indexed on Findmypast.org [https://search.findmypast.com/search-world-records/wales-probate-records-1544-1858 "Wales Probate Records 1544-1858"] and the abstracts can be browsed at [https://search.findmypast.com/search-world-records/wales-probate-abstracts-1544-1858-image-browse "Wales Probate Abstracts 1544-1858 Image Browse"]. The Archdeaconry of Brecon is included under the Archdiocese of St. David's. The peculiar of Hawarden is not included in this index and image browse. | |||
===Availability=== | ===Availability=== | ||
| Line 123: | Line 169: | ||
Original wills in Wales have survived from 1565, depending on the court where they were probated. The courts have a continuous run of wills from then until 1858, when ecclesiastical probate courts were abolished. | Original wills in Wales have survived from 1565, depending on the court where they were probated. The courts have a continuous run of wills from then until 1858, when ecclesiastical probate courts were abolished. | ||
<br>The [https://www.library.wales/discover/ | <br>The [https://www.library.wales/discover/library-resources/wills National Library of Wales] in Aberystwyth hold copies of wills proved in Welsh ecclesiastical courts: | ||
*'''Bangor''': 1635 - 1858 | *'''Bangor''': 1635 - 1858 | ||
| Line 141: | Line 187: | ||
==Post-1857 Probate Courts== | ==Post-1857 Probate Courts== | ||
On 11 January 1858, a network of courts called the Principal Probate Registry replaced all ecclesiastical probate courts. All wills and administrations were then probated at district courts or at a central court in London called the Principal Registry. Online indexes available 1858-1966 for both wills and administrations | On 11 January 1858, a network of courts called the [[Principal Probate Registry]] replaced all ecclesiastical probate courts. All wills and administrations were then probated at district courts or at a central court in London called the Principal Registry. Online indexes available 1858-1966 for both wills and administrations at ancestry.com under search Tax, Criminal, Land & Wills records [http://search.ancestry.com/search/db.aspx?dbid=1904 Will and Administration Searching]. | ||
=== Online Indexes === | |||
*'''1858-1943:''' [https://www.myheritage.com/research/collection-10691/england-wales-index-of-wills-probates-1853-1943?s=275764761 England & Wales Government Probate Death Index 1858-1943] at MyHeritage - index & images ($) | |||
*'''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 | |||
*'''1858-1995''' [http://search.ancestry.co.uk/search/db.aspx?dbid=1904 National Probate Calendar (Index to Wills and Administrations)] accessible at Ancestry.co.uk($) | |||
*'''1858-2019''' [https://search.findmypast.com/search-world-records/england-and-wales-government-probate-death-index-1858-2019 England & Wales Government Probate Death Index 1858-2019] at Findmypast.com($) | |||
*'''1858-present''' see [https://www.gov.uk/search-will-probate www.gov.uk]. All wills (and admons) proved from 1858. | |||
==Estate Duty Wills and Administrations== | |||
Beginning in 1796 a tax was levied on probates of estates valued over £10. Copies of the probate documents were filed with the Estate Duty Office in London when the tax was paid. Over the years various exceptions to the laws could have exempted the tax from being paid and a will from being filed. | |||
''' | * '''1796-1903''' [https://search.findmypast.com/search-world-records/index-to-death-duty-registers-1796-1903 Index To Death Duty Registers 1796-1903] at Findmypast — index & images ($) | ||
== | ==Probate Records at the FamilySearch Library== | ||
The FamilySearch Library has an excellent collection of Welsh probate records and indexes, including most pre-1925 wills and indexes for wills and administrations. | |||
To find call numbers for the probate records, look in the Place Search of the FamilySearch Catalog under: <br> | To find call numbers for the probate records, look in the Place Search of the FamilySearch Catalog under: <br> | ||
| Line 221: | Line 221: | ||
:'''ENGLAND - PROBATE RECORDS - INDEXES''' | :'''ENGLAND - PROBATE RECORDS - INDEXES''' | ||
The following helpful books are available at the | The following helpful books are available at the FamilySearch Library: <br> | ||
*''Hand List of Probate Jurisdictions in Prerogative Court of Canterbury (P.C.C.)'' and ''Filmed and Printed Probate Records Pertaining to Prerogative Court of Canterbury in the Genealogical Society Library''. Salt Lake City, Utah: The Church of Jesus Christ of Latter-day Saints, 1967. ( | *''Hand List of Probate Jurisdictions in Prerogative Court of Canterbury (P.C.C.)'' and ''Filmed and Printed Probate Records Pertaining to Prerogative Court of Canterbury in the Genealogical Society Library''. Salt Lake City, Utah: The Church of Jesus Christ of Latter-day Saints, 1967. (FamilySearch Library {{FSC|423223|title-id|disp=book 942 S2ha vol. 23; film 599220; fiche 6026312}}.) This work contains call numbers for indexes and probate documents for the Prerogative Court of Canterbury. At the front of this register is a list of printed indexes. These indexes give the testator’s name and place of residence along with the year and folio where the original is located. | ||
*''England and Wales Principal Probate Registry Including: General Index 1858–1957 Principal Registry 1858–1925 District Courts 1858–1925.'' Salt Lake City, Utah: The Church of Jesus Christ of Latter-day Saints, 1997. ( | *''England and Wales Principal Probate Registry Including: General Index 1858–1957 Principal Registry 1858–1925 District Courts 1858–1925.'' Salt Lake City, Utah: The Church of Jesus Christ of Latter-day Saints, 1997. (FamilySearch Library {{FSC|669640|title-id|disp=book Reg 942 S2cp 1997; microfiche 6037050}}.) Contains a list of the microfilm numbers for the indexes and probate documents for the Principal and District courts. | ||
===Online Records=== | ===Online Records=== | ||
*'''1384-1858''' [https://www.ancestry.com/search/collections/5111/ England & Wales, Prerogative Court of Canterbury Wills, 1384-1858] at Ancestry ($) | *'''1384-1858''' [https://www.ancestry.com/search/collections/5111/ England & Wales, Prerogative Court of Canterbury Wills, 1384-1858] at Ancestry ($) | ||
*'''1544-1858''' | *'''1513-1858''' [https://www.ancestry.com/search/collections/61635/ Wales, Wills and Probate, 1513-1858] at Ancestry ($) | ||
*''' | *'''1521-1858''' index & images at the [https://www.library.wales/discover/library-resources/wills National Library of Wales]. | ||
*'''1858-1957''' | *'''1544-1858''' [https://search.findmypast.com/search-world-records/wales-probate-records-1544-1858 Wales Probate Indexes, 1544-1858] at Findmypast - index ($); Probate Abstracts, 1544-1858: Courtesy of FamilySearch Historical Records Collection. A more detailed explanation of these records is available in the [https://www.familysearch.org/wiki/en/Wales,_Probate_Abstracts_(FamilySearch_Historical_Records) Wiki]. | ||
*'''1858-2019 | *'''1858-1943''' [https://www.myheritage.com/research/collection-10691/england-wales-index-of-wills-probates-1853-1943?s=275764761 England & Wales, Index of Wills and Probates, 1853-1943] at MyHeritage, index ($) | ||
*'''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 | |||
*'''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.com($) | |||
*'''1858-present:''' [https://www.gov.uk/search-will-probate England and Wales Probate Documents]; free to search the index, probate documents are ₤1.50 | |||
===Records Not at the | ===Records Not at the FamilySearch Library=== | ||
The original pre-1858 probate records are held by the [[National Library of Wales]] at Aberystwyth. However, the records of the Prerogative Court of Canterbury and the Estate Duty Registers are deposited at The National Archives in London, England. | The original pre-1858 probate records are held by the [[National Library of Wales]] at Aberystwyth. However, the records of the Prerogative Court of Canterbury and the Estate Duty Registers are deposited at The National Archives in London, England. | ||
For copies of wills or administrations after 1857 you can | For copies of wills or administrations after 1857 you can search probate records for documents at [https://www.gov.uk/search-will-probate www.gov.uk/search-will-probate]. It is free to search the index. You may order PDF copies of probate documents for ₤1.50, sent via email. This is the price regardless of how many pages the document is. | ||
Sometimes solicitors (attorneys) kept will books, copies of wills they had prepared for clients. These books have often found their way into county record offices. The books may include wills that were later revoked or never probated. | |||
Sometimes solicitors (attorneys) kept will books, copies of wills they had prepared for clients. These books have often found their way into record offices. The books may include wills that were later revoked or never probated. | |||
===Difficulties in Locating a Pre-1858 Record=== | ===Difficulties in Locating a Pre-1858 Record=== | ||
You may have difficulty locating a probate record because:<br> | You may have difficulty locating a probate record because:<br> | ||
*Your ancestor may not have left a will. | |||
* | *There may be a mistake in the index, transcription, or abstract. | ||
*For the executor’s convenience, a totally different court may have been used. Search other courts. | *For the executor’s convenience, a totally different court may have been used. Search other courts. | ||
| Line 271: | Line 261: | ||
Some wills and many disputes over real property were handled by the Chancery Court of England. Some of the wills in this and other national courts are listed in:<br> | Some wills and many disputes over real property were handled by the Chancery Court of England. Some of the wills in this and other national courts are listed in:<br> | ||
*''A List of Wills, Administrations, Etc''. ''in the Public Record Office'', London, England: 12th–19th Century. Baltimore: Magna Carta Book Company, 1968. ( | *''A List of Wills, Administrations, Etc''. ''in the Public Record Office'', London, England: 12th–19th Century. Baltimore: Magna Carta Book Company, 1968. (FamilySearch Library {{FSC|426785|title-id|disp=book 942 S2po}}.) | ||
To overcome the above problems, search the records of all probate courts having jurisdiction over the areas where the individual had property. You may also need to extend your search several years after the individual’s death.<ref>The Church of Jesus Christ of Latter-day Saints, ''Research Outline: Wales'' (Salt Lake City: Corporation of the President, 2000), 57-61.</ref> | To overcome the above problems, search the records of all probate courts having jurisdiction over the areas where the individual had property. You may also need to extend your search several years after the individual’s death.<ref>The Church of Jesus Christ of Latter-day Saints, ''Research Outline: Wales'' (Salt Lake City: Corporation of the President, 2000), 57-61.</ref> | ||
| Line 287: | Line 277: | ||
*[http://www.archivesnetworkwales.info/cgi-bin/anw/fulldesc_nofr?inst_id=1&coll_id=77933&expand= Archive Network Wales] | *[http://www.archivesnetworkwales.info/cgi-bin/anw/fulldesc_nofr?inst_id=1&coll_id=77933&expand= Archive Network Wales] | ||
<br> | |||
==Sources== | ==Sources== | ||
edits