Cumberland Probate Records: Difference between revisions

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[[England]] [[Image:Gotoarrow.png]] [[Cumberland]]  
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The following article is about probate records in the county of Cumberland. To read general information about English probate records click [[England Probate Records|here]].  
== 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 [[W genealogical glossary terms|wills]] and [[A genealogical glossary terms|administrations]]. This article is about probate records in Cumberland. See [[England Probate Records]] for a general description of probate records in England.
 
=== 1858 to the Present  ===
 
Beginning in 1858, the [[Principal Probate Registry|Principal Probate Registry]] had the authority for probating estates. Click on the link to learn more.
 
==== Online Records ====
 
*'''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 & images
* '''1858-1995''' [https://www.ancestry.com/search/collections/1904/ England & Wales, National Probate Calendar (Index of Wills and Administrations), 1858-1995] at Ancestry($); index
* '''1858-2019''' [https://search.findmypast.com/search-world-records/england-and-wales-government-probate-death-index-1858-2019 England & Wales Government Probate Death Index 1858-2019] at Findmypast($); index
 
=== Before 1858  ===
 
Before 1858, Church of England ecclesiastical courts had authority for this process. To search for a pre-1858 probate record in Cumberland, follow these steps:
 
==== Step 1. Search Indexes  ====
 
Before looking for a will, you should search a probate index. It will save time and give a reference to finding a copy of a will. A few indexes are mentioned here. Others indexes, especially if they only index the wills for one court, are mentioned on each court page.<br>
 
*[https://www.findmypast.com/articles/england-and-wales-published-wills-and-probate-indexes-1300-1858-volumes-available/cumberland/index-to-the-wills-proved-in-the-consistory-court-of-carlisle-1661-1750-introduction-to-original-volume Index to the Wills Proved in the Consistory Court of Carlisle 1661-1750] at Findmypast - index ($).
 
Indexes are found in archives and in the FamilySearch Library. Click here to see a list of the library's holdings for {{FSC|506247|subject-id|disp=indexes}} and {{FSC|453504|subject-id|disp=wills}}. Films can be viewed in the Library or in a [https://www.familysearch.org/en/centers/about FamilySearch Center]. <br>
 
Did you find a reference to a will?


== Getting Started  ==
*If ''yes'', go to '''Step 4''' below.
*If ''no'', go to '''Step 2''' below.


''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 Post-1857 Probate Records section below contains links to additional information about the records of this court.
==== Step 2. Identify when and where your ancestor died  ====


To look for a probate record before 1858:<br>
Determine ''when'' your ancestor died. If you aren't sure, use an approximate date. 


#Discover when and where your ancestor died. If you don’t know, use the approximate date and place where they lived. <br>
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:
#Go to Court Jurisdictions section below.<br>
#Click a letter or span of letters for your place. This opens a jurisdictions table.<br>
#Follow the instructions on the jurisdictions table page.<br>


== Cumberland Probate Courts  ==
*[https://www.visionofbritain.org.uk/ Vision of Britain]


The following ecclesiastical courts had some probate jurisdiction over the county of Kent prior to 1858. Click on a court name to learn more about its records and indexes and how to find the probate of your ancestor in the court's records. To determine the court for your ancestor, Go to the Court Jurisdictions section below.<br>
The gazetteer will either tell you:


*[[Court of the Bishop of Carlisle (Episcopal Consistory)]]
*A place is a parish, or
*[[Court of the Archdeaconry of Richmond Western Deaneries - Copeland]]
*What parish it is a part of, or
*[[Court of the Bishop of Durham (Episcopal Consistory)]]
*What place it is near.


In addition, the [[Prerogative Court of the Archbishop of Canterbury]] had jurisdiction over the whole of England. Wealthier individuals, people who owned property in more than one county or lower court's jurisdiction, and Naval personnel often had their estates probated through the Archbishop's court.  
If the latter, look that place up in the gazetteer and see if it is a parish.  


==== Appeals Courts  ====
Once you have identified the parish, go to '''Step 3'''.


Any probate that was disputed and could not be settled by the county courts could be sent to these higher appeals courts:
==== Step 3. Identify court jurisdictions by parish  ====


*[[Court of Arches]]
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 Cumberland 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.<br>
*[[High Court of Delegates]]
*[[Prerogative Court of the Archbishop of Canterbury]].


== Court Jurisdictions  ==


Before 1858, every town and parish in Cumberland was under the probate jurisdiction of a primary court and several secondary courts.&nbsp; When searching for the will of an ancestor, find the name of the town or parish where he/she lived in the jurisdictions lists below. Go to the list of places by clicking on a letter or series of letters below.<br>


{| cellspacing="1" cellpadding="1" border="0" style="width: 277px; height: 27px;" class="FCK__ShowTableBorders"
{| class="FCK__ShowTableBorders" style="width: 360px; height: 30px" cellspacing="1" cellpadding="1" border="0"
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|-
| [[Cumberland Probate Jurisdictions, Parishes A|A]]  
| [[Cumberland Probate Jurisdictions, Parishes A|A]]
| [[Cumberland Probate Jurisdictions, Parishes B-C|B-C]]  
| [[Cumberland Probate Jurisdictions, Parishes B-C|B-C]]  
| [[Cumberland Probate Jurisdictions, Parishes D-H|D-H]]  
| [[Cumberland Probate Jurisdictions, Parishes D-H|D-H]]  
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If you don't know where your ancestor lived, search every court. If no will is found, your ancestor may not have left one.  
<br>
 
==== Step 4. Obtain a copy of the probate record  ====
 
Once you have found an index reference to a will or other probate record, obtain a copy of the record. Do so by one of these methods:
 
*{{FSC|453504|subject_id|disp=Cumberland 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.
 
== Cumberland Probate Courts  ==


== Probate Indexes  ==
The following ecclesiastical courts had some probate jurisdiction over the county of Cumberland prior to 1858. Click on a court name to learn more about its records, indexes and finding a probate for your ancestor. To determine which court, go to the Court Jurisdictions section above.<br>


The following Web site contains an index to several parishes in Cumberland. Indexes for only one court are listed in the article for the specific court. <br> [http://www.genuki.org.uk/big/eng/CUL/ProbateRecords/index.html ''Wills of Cumberland: Abstracts of Cumberland Probate Records pre-1858'']&nbsp; is being compiled.<br>
*[[Court of the Bishop of Carlisle (Episcopal Consistory)]]
*[[Court of the Archdeaconry of Richmond Western Deaneries - Copeland]]
*[[Court of the Bishop of Durham (Episcopal Consistory)]]
*[[Exchequer and Prerogative Courts of the Archbishop of York]]
*[[Prerogative Court of the Archbishop of Canterbury]]  


== Post-1857 Probate Records  ==
<br>


Beginning in 1858, the government took over the&nbsp;settlement of estates and all&nbsp;wills are now probated through the Principal Probate Registry system. Start by using the country-wide surname index. Doing so will simplify the process of locating an abstract.
== Some Explanatory Notes on the Cumberland Probate Courts ==


Original records are available through the office of Her Majesty's Courts Service.&nbsp; To learn more, go to the [http://www.hmcourts-service.gov.uk/infoabout/civil/probate/index.htm HMCS] Web site.The Family History Library has film copies of some of the records.<br>
The original probate records are housed in one of four record offices in the following cities: Barrow, Kendall, Carlisle, and Whitehaven. Links to these offices are found on the [http://www.cumbria.gov.uk/archives/recordoffices/default.asp Cumbria Archive Service] site.  


<br>
{{Place|Cumberland|Probate Records}}
{{England Probate Records}}


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

Latest revision as of 11:04, 21 May 2024

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Getting Started[edit | edit source]

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 Cumberland. See England Probate Records for a general description of probate records in England.

1858 to the Present[edit | edit source]

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

Online Records[edit | edit source]

Before 1858[edit | edit source]

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

Step 1. Search Indexes[edit | edit source]

Before looking for a will, you should search a probate index. It will save time and give a reference to finding a copy of a will. A few indexes are mentioned here. Others indexes, especially if they only index the wills for one court, are mentioned on each court page.

Indexes are found in archives and in the FamilySearch Library. Click here to see a list of the library's holdings for indexes and wills. Films can be viewed in the Library or in a FamilySearch Center.

Did you find a reference to a will?

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

Step 2. Identify when and where your ancestor died[edit | edit source]

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[edit | edit source]

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 Cumberland 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-H I-N O-T U-Z


Step 4. Obtain a copy of the probate record[edit | edit source]

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

Cumberland Probate Courts[edit | edit source]

The following ecclesiastical courts had some probate jurisdiction over the county of Cumberland prior to 1858. Click on a court name to learn more about its records, indexes and finding a probate for your ancestor. To determine which court, go to the Court Jurisdictions section above.


Some Explanatory Notes on the Cumberland Probate Courts[edit | edit source]

The original probate records are housed in one of four record offices in the following cities: Barrow, Kendall, Carlisle, and Whitehaven. Links to these offices are found on the Cumbria Archive Service site.