Northamptonshire Probate Records: Difference between revisions

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For an explanation of probate records in England, click [[England_Probate_Records|here]].
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=== Probate Courts  ===
==Getting Started==


The following probate courts had some jurisdiction over the county of Northamptonshire prior to 1858:
''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 Northamptonshire. See [[England Probate Records]] for a general description of probate records in England.


*[[Court of the Peculiar Parish of Banbury|Court of the Peculiar Parish of Banbury]]
===1858 to the Present===
*Court of the Peculiar Parish of Gretton
*Court of the Peculiar Parish of Nassington
*Court of the Archdeaconry of Northampton
*Court of the Bishop of Peterborough (Episcopal Consistory)
*Court of the Peculiar of the Dean and Chapter of Lincoln (Cathedral)
*Court of the Bishop of Lincoln (Episcopal Consistory)
*Prerogative Court of the Archbishop of Canterbury
*Court of Arches
*High Court of Delegates


=== Some explanatory notes on the courts in Northamptonshire:  ===
Beginning in 1858, the [[Principal Probate Registry|Principal Probate Registry]] had the authority for probating estates. Click on the link to learn more.


Technically the courts of the Bishop of Peterborough and the Archdeacon of Northampton did not have superior jurisdiction over these courts, but as the larger courts of original jurisdiction they will often contain probate records of persons who resided in the other jurisdictions.
====Online Records====


Since civil and ecclesiastical boundaries were not necessarily one and the same, it is important in pre-1858 probate searches to consider nearby courts including those situated across county boundaries. Also, ecclesiastical boundaries and rights were not always observed or may have been changed over the years.  
*'''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
 
===Before 1858===
 
Before 1858, Church of England ecclesiastical courts had authority for this process. To search for a pre-1858 probate record in Northamptonshire, follow these steps:
 
====Step 1. Search Indexes====
 
Here are some online indexes to probate records that include individuals who lived in Northamptonshire. Search these indexes first:
 
*[http://www.findmypast.co.uk/search/probate-and-wills Online Probate Index 1469-1857]  The Northamptonshire and Rutland Probate Index has been created from several of the earlier indexes of probate records held in the Northampton Record Office. The index contains 87,058 entries that cover the period 1469 to 1857.
*[[Prerogative Court of the Archbishop of Canterbury]]
*Index and extracts of all wills and admons of the Peculiar Court of Gretton and Duddington from Film #200,101 can be found [[http://freepages.genealogy.rootsweb.ancestry.com/~maureenbryson/gretton_and_duddington_wills.htm here.]]
 
Filmed Indexes available at the FamilySearch Library in Salt Lake City:
 
*Church of England. Archdeaconry of Northampton. Court Probate records, 1467-1877 {{FSC|350023|title-id|disp=}}
*{{FSC|213406|title-id|disp=A Calendar of wills}} relating to the counties of Northampton and Rutland: proved in the court of the Archdeacon of Northampton, 1510 to 1652. Also online at the [https://archive.org/details/calendarofwillsr01phil Internet Archive] (£Free) and at [https://www.thegenealogist.co.uk/coverage/wills-probates-and-testaments/?level=gold#includes The Genealogist.co.uk] under wills probates and testaments
*Administrations in the Archdeaconry of Northampton : now preserved in the District Probate Registry at Birmingham Contents: [pt. 1]. 1667-1710 -- pt. 2. 1711-1800 {{FSC|203000|title-id|disp=}}
 
<br>Did you find a reference to a probate record?
 
*If ''yes'', go to '''Step 4''' below.
*If ''no'', go to '''Step 2''' below.
 
====Step 2. Identify when and where your ancestor died====
 
Determine ''when'' your ancestor died. If you aren't sure, use an approximate date. 
 
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 1872 ''Imperial Gazetteer of England and Wales'' online:
 
*[https://www.visionofbritain.org.uk/descriptions/index.jsp Vision of Britain]
 
The gazetteer will either tell you:
 
*A place is a parish, or
*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.
 
Once you have identified the parish, go to '''Step 3'''.  


Many peculiar courts closed before 1858. When this occurred jurisdiction reverted to the local archdeaconry and/or diocesan courts.  
====Step 3. Identify court jurisdictions by parish====


Most of Northamptonshire was under the jurisdiction of the Court of the Bishop of Peterborough and the Court of the Archdeacon of Northampton, hence the majority of genealogical searches will be in the records of these courts and their superiors.  
Once you have identified the parish where your ancestor lived or died, learn which courts had jurisdiction over it then search indexes for those courts. Every town and parish in Northamptonshire fell under the probate jurisdiction of a primary court and several secondary courts. Click on a link below for the letter the parish begins with.  


Pre-1858 probate courts having some jurisdiction in Northamptonshire were:
{| style="width: 611px; height: 25px" cellspacing="1" cellpadding="1" border="1"
|-
| [[Northamptonshire Probate Jurisdictions Parishes A|A]] 
| [[Northamptonshire Probate Jurisdictions Parishes B|B]] 
| [[Northamptonshire Probate Jurisdictions Parishes C|C]] 
| [[Northamptonshire Probate Jurisdictions Parishes D through F|D-F]] 
| [[Northamptonshire Probate Jurisdictions Parishes G through H|G-H]] 
| [[Northamptonshire Probate Jurisdictions Parishes I through M|I-M]] 
| [[Northamptonshire Probate Jurisdictions Parishes N through P|N-P]] 
| [[Northamptonshire Probate Jurisdictions Parishes Q through S|Q-S]] 
| [[Northamptonshire Probate Jurisdictions Parishes T and U|T-U]] 
| [[Northamptonshire Probate Jurisdictions Parishes V through Z|V-Z]]
|}


Canterbury, Court of the Archbishop of (Prerogative Court of Canterbury, also known as PCC)
<br>
====Step 4. Obtain a copy of the probate record====


Gretton, Court of the Peculiar Parish of (a prebend of Lincoln Cathedral)
Once you have found an index reference to a probate, obtain a copy of the record. Do so by one of these methods:


Lincoln (Cathedral), Court of the Peculiar of the Dean and Chapter of
*{{FSC|344110|subject_id|disp=Northamptonshire 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>
*Visit or contact the record office that has the original records in its collection.


Lincoln, Court of the Bishop of (Episcopal Consistory Court of Lincoln)
==Northamptonshire Probate Courts==


Nassington, Court of the Peculiar Parish of (a prebend of Lincoln Cathedral)
The names of the courts with jurisdiction over Northamptonshire are:


Northampton, Court of the Archdeacon of (before 1541 in the diocese of Lincoln; 1541 to 1858 in the diocese of Peterborough)  
*[[Court of the Archdeaconry of Northampton]]
*[[Court of the Bishop of Peterborough]] (Episcopal Consistory)
*[[Court of the Peculiar Parish of Banbury]]
*[[Court of the Peculiar of Gretton]]
*[[Court of the Peculiar of Nassington]]
*[[Court of the Peculiar of the Dean and Chapter of Lincoln]]
*[[Court of the Bishop of Lincoln (Episcopal Consistory)]]
*[[Prerogative Court of the Archbishop of Canterbury]]


Peterborough, Court of the Bishop of (Espiscopal Consistory Court of Peterborough)
<br>


The Court of the Archbishop of Canterbury (PCC) had superior jurisdiction in all of England, Wales, Isle of Man, and the Channel Islands and sole jurisdiction where testators had ''bona notabilia'' (an estate valued at more than five pounds sterling) in two dioceses or in two peculiars in the province of Canterbury or within two provinces (i.e., York and Canterbury). The Court of the Archbishop of Canterbury also had jurisdiction over all those with property in England, Wales, Isle of Man, or the Channel Islands who dies at sea or overseas. Such persons are distinguished in the calendars by the entry "pts," abbreviation for " parts overseas." instead of the name of the place. During the Commonwealth period from 1653 to 1660 the court, in the form of a civil court, had sole testamentary jurisdiction over all of England and Wales. Since the Reformation it has been usual for the estates of men of wealth and position to receive grants of probate and letters of administration in this court. During vacancies in this court between 997 and 1590, some wills were proved in the Court of the Dean and Chapter of Canterbury Cathedral (also known as the Court of the Prior and Chapter of Christ Church), Canterbury, Kent.
===Some Explanatory Notes on the courts in Northamptonshire===


The Court of Arches of Canterbury was a court of appeal for the Province of Canterbury. However, the royal peculiars and the peculiars of the Archbishop were exampt.
Since civil and ecclesiastical boundaries were not necessarily one and the same, it is important in pre-1858 probate searches to consider nearby courts including those situated across county boundaries. Also, ecclesiastical boundaries and rights were not always observed or may have been changed over the years.
 
Many peculiar courts closed before 1858. When this occurred jurisdiction reverted to the local archdeaconry and/or diocesan courts.  


The Court of Delegates was also a court of appeal for the provinces of Canterbury and York, including their peculiars, royal peculiars, and the Irish probate courts.
Before 1541 Northamptonshire was in the diocese of Lincoln, and from 1541 to 1858 (except for peculiars) was in the diocese of Peterborough. It appears that from 1541 to 1598 the court of the Bishop of Peterborough and the Court of the Archeacon of Northampton exercised concurrent Jurisdiction in the county.  


Before 1541 Northamptonshire was in the diocese of Lincoln, and from 1541 to 1858 (except for peculiars) was in the diocese of Peterborough. It appears that from 1541 to 1598 the court of the Bishop of Peterborough and the Court of the Archeacon of Northampton exercised concurrent Jurisdiction in the county.
The rolls of the Burgess Court of Higham Ferrers contain the texts of many wills which were registered in respect of property there (See ''Historical Manuscripts Commission Report xii,'' appendix part 9, page 530), but the wills were actually proved in the Archdeaconry of Northampton and are found in the records of that court.  


The rolls of the Burgess Court of Higham Ferrers contain the texts of many wills which were registered in respect of property there (See ''Historical Manuscripts Commission Report xii,'' appendix part 9, page 530), but the wills were actually proved in the Archdeaconry of Northampton and are found in the records of that court.
The original records of the Court of the Bishop of Peterborough and the Court of the Archdeacon of Northampton are at the [https://www3.northamptonshire.gov.uk/councilservices/archives-and-heritage/northamptonshire-archives/Pages/default.aspx Northamptonshire Archives]. Those for the Courts of the Peculiar Parishes of Gretton and Nassington are at the [https://www.lincolnshire.gov.uk/libraries-and-archives/lincolnshire-archives/ Lincolnshire Archives].  


The original records of the Court of the Bishop of Peterborough and the Court of the Archdeacon of Northampton are at the Northampton Record Office, Delapre Abbey, Northampton. Those for the Courts of the Peculiar Parishes of Gretton and&nbsp; Nassington are at the Lincolnshire Archive Office, The Castle, Lincoln.
[[Category:Northamptonshire Probate Records]]

Latest revision as of 19:05, 24 October 2023

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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 wills and administrations. This article is about probate records in Northamptonshire. See England Probate Records for a general description of probate records in England.

1858 to the Present

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

Online Records

Before 1858

Before 1858, Church of England ecclesiastical courts had authority for this process. To search for a pre-1858 probate record in Northamptonshire, follow these steps:

Step 1. Search Indexes

Here are some online indexes to probate records that include individuals who lived in Northamptonshire. Search these indexes first:

  • Online Probate Index 1469-1857 The Northamptonshire and Rutland Probate Index has been created from several of the earlier indexes of probate records held in the Northampton Record Office. The index contains 87,058 entries that cover the period 1469 to 1857.
  • Prerogative Court of the Archbishop of Canterbury
  • Index and extracts of all wills and admons of the Peculiar Court of Gretton and Duddington from Film #200,101 can be found [here.]

Filmed Indexes available at the FamilySearch Library in Salt Lake City:

  • Church of England. Archdeaconry of Northampton. Court Probate records, 1467-1877 [1]
  • A Calendar of wills relating to the counties of Northampton and Rutland: proved in the court of the Archdeacon of Northampton, 1510 to 1652. Also online at the Internet Archive (£Free) and at The Genealogist.co.uk under wills probates and testaments
  • Administrations in the Archdeaconry of Northampton : now preserved in the District Probate Registry at Birmingham Contents: [pt. 1]. 1667-1710 -- pt. 2. 1711-1800 [2]


Did you find a reference to a probate record?

  • If yes, go to Step 4 below.
  • If no, go to Step 2 below.

Step 2. Identify when and where your ancestor died

Determine when your ancestor died. If you aren't sure, use an approximate date.

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 parish. To learn whether it is a parish, look it up in a gazetteer. Here is a link to the 1872 Imperial Gazetteer of England and Wales online:

The gazetteer will either tell you:

  • A place is a parish, or
  • 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.

Once you have identified the parish, go to Step 3.

Step 3. Identify court jurisdictions by parish

Once you have identified the parish where your ancestor lived or died, learn which courts had jurisdiction over it then search indexes for those courts. Every town and parish in Northamptonshire fell under the probate jurisdiction of a primary court and several secondary courts. Click on a link below for the letter the parish begins with.

A B C D-F G-H I-M N-P Q-S T-U V-Z


Step 4. Obtain a copy of the probate record

Once you have found an index reference to a probate, obtain a copy of the record. Do so by one of these methods:

Northamptonshire Probate Courts

The names of the courts with jurisdiction over Northamptonshire are:


Some Explanatory Notes on the courts in Northamptonshire

Since civil and ecclesiastical boundaries were not necessarily one and the same, it is important in pre-1858 probate searches to consider nearby courts including those situated across county boundaries. Also, ecclesiastical boundaries and rights were not always observed or may have been changed over the years.

Many peculiar courts closed before 1858. When this occurred jurisdiction reverted to the local archdeaconry and/or diocesan courts.

Before 1541 Northamptonshire was in the diocese of Lincoln, and from 1541 to 1858 (except for peculiars) was in the diocese of Peterborough. It appears that from 1541 to 1598 the court of the Bishop of Peterborough and the Court of the Archeacon of Northampton exercised concurrent Jurisdiction in the county.

The rolls of the Burgess Court of Higham Ferrers contain the texts of many wills which were registered in respect of property there (See Historical Manuscripts Commission Report xii, appendix part 9, page 530), but the wills were actually proved in the Archdeaconry of Northampton and are found in the records of that court.

The original records of the Court of the Bishop of Peterborough and the Court of the Archdeacon of Northampton are at the Northamptonshire Archives. Those for the Courts of the Peculiar Parishes of Gretton and Nassington are at the Lincolnshire Archives.