England Probate Records

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England

Probate Records

Find the Records

Pre-1858 Probate Records and Jurisdictions

Probate records and jurisdictions tables are found on the individual county probate records pages. Click the county link below for probate and jurisdictions information.

• Bedfordshire
• Berkshire
• Buckinghamshire
• Cambridgeshire
• Cheshire
• Cornwall
• Cumberland
• Derbyshire
• Devon
• Dorset
• Durham
• Essex
• Gloucestershire
• Hampshire
• Herefordshire
• Hertfordshire
• Huntingdonshire
• Kent
• Lancashire
• Leicestershire
• Lincolnshire
• London
• Middlesex
• Norfolk
• Northamptonshire
• Northumberland
• Nottinghamshire
• Oxfordshire
• Rutland
• Shropshire Probate Records
• Somerset
• Staffordshire
• Suffolk
• Surrey
• Sussex
• Warwickshire
• Westmorland
• Wiltshire
• Worcestershire
• Yorkshire

Online Resources

• 1269-1975 UK, Extracted Probate Records, 1269-1975 at Ancestry ($)
• 1300-1858 England & Wales Published Wills & Probate Indexes, 1300-1858 at Findmypast, index ($)
• 1384-1858 Prerogative Court of Canterbury, Wills 1384-1858 at National Archives; also at Ancestry ($), MyHeritage ($)
• 1688-1858 Prerogative & Exchequer Courts Of York Probate Index, 1688-1858 at Findmypast ($)
• 1717-1845 Bank Of England Wills Extracts 1717-1845 at Findmypast ($)
• 1755-1908 UK, Officers' Birth Certificates, Wills and Personal Papers, 1755-1908 at Ancestry ($)
• 1786-1882 UK, Wills of Royal Navy and Royal Marines Personnel, 1786-1882 at Ancestry ($)
• 1796-1903 Index To Death Duty Registers 1796-1903 at Findmypast — index & images ($)
• 1853-1943 England & Wales, Index of Wills and Probates, 1853-1943 at MyHeritage, index ($)
• 1858-present Find a will or probate document (England and Wales), 1858-present
• 1858-1959 Probate Calendars Of England & Wales 1858-1959 at Findmypast, index ($)
  • Browseable Images ($), index
• 1858-1957 England and Wales, National Index of Wills and Administrations, 1858-1957 at FamilySearch - How to Use this Collection; index
• 1858-2019: England & Wales Government Probate Death Index 1858-2019 at MyHeritage ($), index & images
• 1858-1966, 1973-1995 England & Wales, National Probate Calendar (Index of Wills and Administrations), 1858-1966, 1973-1995 at Ancestry ($)
• 1865-1970 United Kingdom, British Armed Forces Soldiers' Wills at MyHeritage ($)
• Red Book of the Exchequer at Ancestry, index ($)
• The National Archives online Probate Indexes
• Wills and Probate at Findmypast ($)
• Probate Registry (microfilm) index lookup (by surname and post-1858 county/registry)
• The Genealogist.co.uk: Wills, Probates and Testaments dropdown
• The National Archives: Wills or administrations before 1858
• The National Archives: Wills or administrations after 1858

Background

The keeping of wills and probate documents began as early as the eleventh century, but there are few records before 1400. Probates were handled by the ecclesiastical courts until 1858.

Some of the key events affecting probate record keeping are:

1642–1660: The Civil War disrupted the probate process. Parliament abolished the ecclesiastical courts in 1653 but restored them in 1661. Wills proved during this interruption are filed at the Prerogative Court of Canterbury.

1796–1903: A tax was placed on all estates valued over £10. This was called an estate duty.

1858 to present: The Principal Probate Registry (PPR), a civil government service, replaced all earlier probate courts.

Laws and Customs

The English system has allowed a portion of a person’s property to be divided by will or testament. That portion has changed over time according to circumstances, locality, and the number of surviving heirs. For example, the unrestricted right to dispose of personal property by will was granted in the province of York in 1693, and the widow’s third (a widow’s right to one-third of her husband’s estate) was barred in 1833.

With the exception of apostates, heretics, traitors, and suicides, any free male over 14, unmarried female over 12, or widow of sound mind could leave a last will and testament. If land was part of the estate, a person had to be at least 21.

Wills were made primarily by the middle and upper classes, the majority of whom were nobility, gentry, merchants, or tradesmen. Most wills were left by males with property. Before 1882 a wife who died before her husband could not make a will except with her husband’s consent or under a marriage settlement created before her marriage.

Until 1660 when a landholder died, his heir, if of age, had to pay a fee called "livery" to the Crown before taking possession of the land. If underage, the heir became a ward of the Crown. Crown jurisdiction was determined by an "inquisition post mortem." Records of inquisitions may list heirs, their relationships to the deceased, and land holdings. (See England Land and Property) The practice of selling the Crown’s guardianship to a third party led to the Court of Wards and Liveries, which was a source of funds for the government.

Before 1750 heirs often did not prove wills in order to avoid court costs. The will was often kept in case someone later objected to the property’s distribution. As a result, wills were sometimes probated many years after the testator’s death. Some archives have collections of unproved wills. Other wills may be among family papers.

Until 1833 real property could be "entailed." This specified how property would be inherited in the future. An entail prevented subsequent inheritors from bequeathing the property to anyone except the heirs specified in the original entail.

Guardianship

When a father or widow died leaving minor children, relatives usually took the children without court sanction. Sometimes the court appointed a guardian or curator to look after the children’s interests until they were 21. If a child was under marriageable age (12 for girls and 14 for boys), guardianship was called "tuition." If the child was of marriageable age but under 21, it was called "curation." (See Guardianship Bonds in England and Wales)

The cities of London, Bristol, and Exeter had special orphans courts. Records from these courts are found in the FamilySearch Catalog.

Rules of Primogeniture to Aristocracy

Critical to researching English aristocracy is the understanding of primogeniture. The word defines the rights of inheritance for the aristocracy. Tradition usually dictated that the first surviving son was the only child who could inherit both title and property. If his father was a Sir, Earl, Lord, Baron, etc., this son became the holder of the title upon his father's death. The second born son could be seen often serving as an officer in the military. A second son did not usually accede to title or property unless his elder brother died intestate.

The third and subsequent sons often were inducted into the church, becoming vicars, bishops, etc. or other occupations. Church service was not considered a negative, as most of the early parishes were deeded an annual stipend that was a considerable sum of money.

Daughters could inherit property, although this did not occur often. Essentially, daughters could only inherit if there were no surviving male heirs and the property was not entailed; all surviving daughters would inherit the property together as co-heiresses. Entail (also known as fee tail) was a way in which property and title was passed intact in a pre-determined chain of succession. If no sons survived, the property and title would pass to the nearest male descendant. This way, the estate would remain whole instead of being divided. The title could be transferred as well, but only if that relative was also of the nobility. One way a daughter could be involved was if she were to marry that relative who was entailed.

Types of Probate Courts

Pre-1858 Probate Courts
Prior to 1858 the Church of England probated the estates of deceased persons. There were over 300 church probate courts in a hierarchy of jurisdiction and importance. A higher court had jurisdiction when the testator owned property within the jurisdiction of two or more lower courts. Usually the court with primary jurisdiction probated the will, but wealth, status, and convenience could have affected which court was used. The hierarchy of jurisdictions were as follows:

Peculiar courts: Peculiar courts, manor courts, or other special courts had limited jurisdiction over small areas. Most of England was not within the jurisdiction of any peculiar court.

Archdeaconry courts: Archdeaconries were divisions of a Church of England diocese, and Archdeaconry courts were common probate jurisdictions in most dioceses. However, the diocese of York was divided into rural deaneries.

Bishops’ courts: Also called Episcopal, Commissary, Diocesan, or Consistory courts, bishops' courts were the highest court within each diocese.

Courts such as Court of the Dean and Chapter or Court of the Cathedral often acted on the bishop’s behalf. Records for these cases are often filed with their own court records.

Prerogative Courts: The prerogative courts of York and Canterbury had jurisdiction when the deceased’s property was in more than one diocese.

The Prerogative Court of Canterbury, the highest court of all, was used for wills of testators who died or owned property outside of England, foreigners who owned property in England, military personnel, persons having property in more than one probate jurisdiction, and often for wealthier individuals.

If a court’s decision was disputed, additional records may be found among later records of the same court or in a court of higher jurisdiction.

Courts of appeal: There were three general courts of appeal. Appeals from the Prerogative Court of Canterbury were to the Court of Arches (of Canterbury). Appeals from the Prerogative Court of York were to the Chancery Court of the Archbishop of York, then to the Prerogative Court of Canterbury. Final appeals from all courts were to the Pope until 1533 and then to the Court of Delegates until 1831. After 1831 final appeals were made to the Privy Council.

1858 to present:
On 12 January 1858, a network of civil courts called Principal Probate Registry replaced the ecclesiastical probate courts.

Strategy

There are three steps to locating probate records.

• Determine the parish/city and the year in which your ancestor died.
• Determine the court or courts that had jurisdiction over the parish/city.
• Search the indexes and records of the court[s].

What You Are Looking For

You are looking for a pre-1858 probate record for one of your ancestors, which could be a will or an administration with related documents. The information you will find varies from record to record. The records may provide:

• Names of heirs
• Other family members
• Witnesses
• Guardians
• Relationships
• Residences
• Property names
• An inventory of the deceased's personal property

Determining the Court

There may be several probate courts having jurisidiction in an English county. Articles in this Wiki will tell you how to discover the names of the courts having jurisdiction over the place you are researching, and details about the records. To find one of these articles, type the title (NAME OF THE COUNTY) Probate Records in the search box. For example, if you want to learn about probates in Cumberland, search for the title Cumberland Probate Records.

Call numbers for the records in the FamilySearch Library can be found in the library's catalog. For a current listing of probate records and indexes, follow these instructions.

1. Go to the FamilySearch Catalog and type the name of the county in the "Place Name" search box.Click on the place you want from the drop down.
   
2. Click Search.
3. Scroll down and click the topic Probate Records or Probate Records-Indexes.
4. Browse the titles and click on the one that seems to be the desired record.
5. The description of the record will appear including the call number of the source whether it is microfilm, microfiche, CD, or book. Sometimes the record will be digitized or electronic and there will be a note saying click here to view it online.
   

A court may also be determined by using the sources listed under the heading "Records Not at the FamilySearch Library" in this section. From 1796 to 1903, Estate Duty Indexes can be used to determine the court (see the heading, "Indexes" that follows for more information).

Ecclesiastical jurisdictions, which help determine the court, are given in Samuel Lewis’s Topographical Dictionary of England (see the Gazetteers article) and Frank Smith’s A Genealogical Gazetteer of England.

Indexes

Indexes to testators have been published for most probate jurisdictions in England. The FamilySearch Library and Society of Genealogists Library have most published indexes in their collections. Many of these books are available online. At this time, only a small percentage of England's wills have every name or beneficiaries indexes, for a list of available records, see England Every Name Probate Indexes.

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