England Probate Records: Difference between revisions

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

*'''1688-1858''' [https://search.findmypast.com/search-world-Records/prerogative-and-exchequer-courts-of-york-probate-index-1688-1858 Prerogative & Exchequer Courts Of York Probate Index, 1688-1858] at Findmypast ($)

*'''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 ($)

*'''1853-1943''' [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-present''' [https://probatesearch.service.gov.uk/#wills Find a will or probate document (England and Wales), 1858-present]

**[http://search.findmypast.com/search-world-Records/probate-calendars-of-england-and-wales-1858-1959---browse Browseable Images] ($), 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

*'''1858-1966, 1973-1995''' [http://search.ancestry.com/search/db.aspx?dbid=1904 England & Wales, National Probate Calendar (Index of Wills and Administrations), 1858-1966, 1973-1995] at Ancestry ($)

*'''1865-1970''' [https://www.myheritage.com/research/collection-20685/united-kingdom-british-armed-forces-soldiers-wills?s=275764761 United Kingdom, British Armed Forces Soldiers' Wills] at MyHeritage  ($)

*[http://search.ancestry.com/search/db.aspx?dbid=7927 Red Book of the Exchequer] at Ancestry, index ($)

*[http://www.nationalarchives.gov.uk/help-with-your-research/research-guides/wills-or-administrations-before-1858/ The National Archives: Wills or administrations before 1858]

*[http://www.nationalarchives.gov.uk/help-with-your-research/research-guides/wills-or-administrations-after-1858/ The National Archives: Wills or administrations after 1858]

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. <br>

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.  

====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|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 [https://www.familysearch.org/search/catalog FamilySearch Catalog].

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.<ref>"The law of inheritance." ''Mapping the Medieval Countryside: Properties, Places & People''. http://www.inquisitionspostmortem.ac.uk/contexts/the-law-of-inheritance/. Accessed 18 December 2018.</ref> 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.<ref>Wikipedia contributors, "Fee tail," in ''Wikipedia: the Free Encyclopedia'', https://en.wikipedia.org/wiki/Fee_tail, accessed 18 December 2018.</ref> 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.

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.  

'''Prerogative Courts:''' The prerogative courts of York and Canterbury had jurisdiction when the deceased’s property was 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 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 [[Exchequer_and_Prerogative_Courts_of_the_Archbishop_of_York|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. <br><br>

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].

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:  

*An inventory of the deceased's personal property

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.  

#Go to the [https://www.familysearch.org/search/catalog 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.<br>

#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. <br>

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 [[England Gazetteers|Gazetteers]] article) and Frank Smith’s ''A Genealogical Gazetteer of England''.

Indexes to testators have been published for most probate jurisdictions in England. The [https://www.familysearch.org/en/library/ 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]].

[[Category:England Probate Records|Probate Records]]