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Derbyshire Probate Records: Difference between revisions

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''[[England]] [[Image:Gotoarrow.png]] [[Derbyshire]]''
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| link5=[[Derbyshire_Probate_Records|Probate Records]]
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For an explanation of probate records in England, click [[England Probate Records|here]].
== Getting Started  ==


== Getting Started ==
''Probate'' is the legal process by which the estate of a deceased person is distributed to his or her heirs. This article is about probate records in Derbyshire. 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 ====


''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.
* '''1858-1957''' [https://www.familysearch.org/search/collection/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


To look for a probate record before 1858:<br>
=== Before 1858 ===


#Discover when and where your ancestor died. If you don’t know, use the approximate date and place where they lived. <br>
Before 1858, Church of England ecclesiastical courts had authority for this process. To search for a pre-1858 probate record in Derbyshire, follow these steps:
#Go to the&nbsp;[https://wiki.familysearch.org/en/Derbyshire_Probate_Records#Court_Jurisdictions Court Jurisdictions] section below.<br>
#Click a letter or span of letters for your place name. This opens a jurisdictions table.<br>
#Follow the instructions on the jurisdictions table page.<br>


== Derbyshire Probate Courts ==
==== Step 1. Search indexes ====


Before 1858, probate of estates of deceased persons was handled by ecclesiastical courts of the Church of England. The following ecclesiastical courts had some probate jurisdiction over Derbyshire before 1858:<br>
===== Online Indexes  =====


*[[Court of the Bishop of Lichfield (Episcopal Consistory)]]
Before looking for a will, you should search an index. Here is a list of some indexes. Others will be listed in each court's article.
*[[Court of the Peculiar of the Dean and Chapter of Lichfield]]
*[[Court of the Peculiar of Burton upon Trent]]
*[[Court of the Peculiar of Hartington]]
*[[Court of the Peculiar of the Manor of Dale Abbey]]
*[[Court of the Peculiar of Peak Forest]]
*[[Court of the Peculiar of Sawley]]


In addition, the [[Prerogative Court of the Archbishop of Canterbury]] had jurisdiction over the whole of England, particularly in cases of:  
Start with:


*Wealthy individuals
*'''1521-1860''' {{RecordSearch|3491898|England, Staffordshire, Dioceses Of Lichfield and Coventry Wills and Probate, 1521-1860}} at FamilySearch — [[England, Staffordshire, Dioceses Of Lichfield and Coventry Wills and Probate - FamilySearch Historical Records|How to Use this Collection]]; indexes & images; ''Also at [http://search.findmypast.co.uk/search-world-Records/staffordshire-dioceses-of-lichfield-and-coventry-wills-and-probate-1521-1860 Findmypast] ($)''
*People who owned property in more than one county or court's jurisdiction
*Military and Naval personnel
*People who lived or owned property outside of England


==== Appeals Courts  ====
Also check:


Any probate that was disputed and could not be settled by the county courts could be sent to these higher appeals courts:  
*'''1516-1652''' - A scanned edition of W.P.W. Phillimore's 1892 publication by the British Record Society, ''Calendars of Wills &amp; Administrations in the Consistory court of the bishop of Lichfield and Coventry, 1516-1652, ''is available on [http://books.google.com/books?id=4zYEAAAAIAAJ Google Books]. The publication also includes indexes to probate records of the peculiar courts for Derbyshire, 1753-1790.
*'''1650-1700''' [http://search.findmypast.co.uk/search-world-Records/lichfield-consistory-court-wills-1650-1700?_ga=1.116655878.104314983.1415224096 Lichfield Consistory Court Wills, 1650-1700] at Findmypast (£).


*[[Court of Arches]]
*'''1650-1730''' - An index for wills and administrations 1650-1730 for the Diocese of Lichfield and Coventry covering 23000 plus probate documents can be found at [https://www.staffsnameindexes.org.uk/default.aspx?Index=C Staffordshire Name Indexes - free]
*[[High Court of Delegates]]


In addition, the [[Prerogative Court of the Archbishop of Canterbury]] also served as an appeals court.
*'''1858-1929''' [https://recordoffice.wordpress.com/2020/06/08/probate-records/ Derbyshire wills for the period 1858-1928 (from the Derbyshire Record Office).]


== Some Explanatory Notes on the Derbyshire Probate Courts  ==
*'''1858-1873''' [http://www.wirksworth.org.uk/WAd01.htm Derbyshire Administrations 1858-1873]


== Court Jurisdictions  ==
*[https://willsdb.gukutils.org.uk/DBY/index.html Abstracts of Derbyshire Probate Records] - incomplete


Before 1858, every town and parish in Derbyshire was under the probate jurisdiction of a primary ecclesiastical court and one or more secondary ecclesiastical courts.
For specific places, see:


For an alphabetical list of the parishes of Derbyshire with the pre-1858 courts that had probate jurisdiction over them, click on&nbsp;a letter of the alphabet that a parish name begins with:&nbsp;&nbsp;
*'''1525-1928''' [http://www.wirksworth.org.uk/WILLS.htm Derbyshire WILLS, 1525-1928] (browse 35,066 Wills and 5,093 different surnames; pertaining to much more than just people from the parish of Wirksworth).


[[Derbyshire Probate Jurisdictions Parishes A|A]],&nbsp;[[Derbyshire Probate Jurisdictions Parishes B|B]], &nbsp;[[Derbyshire Probate Jurisdictions Parishes C|C]], &nbsp;[[Derbyshire Probate Jurisdictions Parishes D & E|D-E]], &nbsp;[[Derbyshire Probate Jurisdictions Parishes F through H|F-H]], &nbsp;[[Derbyshire Probate Jurisdictions Parishes I through L|I-L]], &nbsp;[[Derbyshire Probate Jurisdictions Parishes M through O|M-O]], &nbsp;[[Derbyshire Probate Jurisdictions Parishes P through R|P-R]], &nbsp;[[Derbyshire Probate Jurisdictions Parishes S|S]], &nbsp;[[Derbyshire Probate Jurisdictions Parishes T|T-V]], &nbsp;[[Derbyshire Probate Jurisdictions Parishes W through Z|W-Z]].<br>
===== Printed Indexes  =====


== Probate Indexes and Calendars  ==
*'''1516-1652''' - A scanned edition of W.P.W. Phillimore's 1892 publication by the British Record Society, ''Calendars of Wills &amp; Administrations in the Consistory court of the bishop of Lichfield and Coventry, 1516-1652, ''is available on [http://books.google.com/books?id=4zYEAAAAIAAJ Google Books]. The publication also includes indexes to probate records of the peculiar courts for Derbyshire, 1753-1790.


Registered wills and original wills, administrations and inventories, 1494-1860, and, act books, 1532-1638 for Diocese of Lichfield Episcopal Consistory Court [http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=titledetails&titleno=309060&disp=Registered+wills+and+original+wills%2C+a%20%20&columns=*,0,0] These are calendars that cover most of county Derby.<br>
Early Derbyshire wills proved in the Prerogative Court of Canterbury have been thoroughly abstracted and indexed:  


== Probate Indexes Online  ==
*''Derbyshire Wills Proved in the Prerogative Court of Canterbury'' [1393-1601], 2 vols. {{FSC|827317|item|disp=FS Library Books 942.51 H25de v. 26 and 942.51 H25de v. 31}}


Before looking for a will, you should search an index.&nbsp;
==== Step 2. Identify when and where your ancestor died  ====


A general will index for the Diocese of Lichfield exists online, a scanned edition of P.W. Phillimore's publicationby the British Record Society in 1892,Calendars of wills administrations in the Consistory court of the bishop of Lichfield. This single index consolidates most Staffordshire wills of the various probate court jurisdictions from 1514-1652 for the Diocese of Lichfield and to 1790 for Staffordshire smaller peculiar courts&nbsp; [http://books.google.com/books?hl=en&id=4zYEAAAAIAAJ]
Determine ''when'' your ancestor died. If you aren't sure, use an approximate date.  


Abstracts of Derbyshire Probate Records:  
Determine ''where'' your ancestor died. It is easier to find a probate record if you know the parish where your ancestor lived or died. To learn whether the place you have is a parish, look it up in a gazetteer. Here are links to a gazetteer online: <br>


[http://www.genuki.org.uk/big/eng/DBY/ProbateRecords/index.html http://www.genuki.org.uk/big/eng/DBY/ProbateRecords/index.html]
*Vision of Britain


*Derbyshire wills for the period 1858-1928 (from the Derbyshire Record Office):
<br>


[http://www.derbyshire.gov.uk/leisure/record_office/our_collection/derbyshirewills/ http://www.derbyshire.gov.uk/leisure/record_office/our_collection/derbyshirewills/]
Once you identified a parish, go to Step 3.  


*Derbyshire WILLS, 1525-1928 (browse 35,066 Wills and 5,093 different surnames; pertaining to much more than just people from the parish of Wirksworth):
==== Step 3. Identify court jurisdictions by parish ====


[http://www.wirksworth.org.uk/WILLS.htm www.wirksworth.org.uk/WILLS.htm]
Once you have identified the parish where your ancestor lived or died, learn which courts had jurisdiction over it. Every town and parish in Derbyshire was under the probate jurisdiction of a primary court and one or more secondary courts. Most of the county of Derbyshire was under the primary jurisdiction of the [[Court of the Bishop of Lichfield and Coventry (Episcopal Consistory)|Court of the Bishop of Lichfield and Coventry (Episcopal Consistory)]] and the secondary jurisdiction of the [[Prerogative Court of Canterbury|Prerogative Court of Canterbury]]. <br>


*PENTRICH WILLS &amp;&nbsp;PROBATE INDEX (from the Pentrich Historical Society; also includes entries for people in parishes adjacent to Pentrich):
However there were exceptions. Click [[Derbyshire Probate Jurisdictions|<u>here</u>]] for an alphabetical list of the parishes of Derbyshire that were exceptions. If you do not find your place in the list of exceptions, then search the records of the above courts by clicking on the name of the court either in the paragraph above or the section below where the court is mentioned.  Follow the steps given on the page for the court to find a will that was probated in that court. 


[http://www.pentrich.org.uk/html/wills.html#Untitled%20Name http://www.pentrich.org.uk/html/wills.html]
==== Step 4. Obtain a copy of the probate record  ====


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


<br>
*{{FSC|494159|subject_id|disp=Derbyshire 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.


== Estate Duty Records<br> ==
== Derbyshire Probate Courts  ==


Starting in 1796, a tax or death duty was payable on estates over a certain value. Estate duty abstracts may add considerable information not found elsewhere. Estate duty indexes may help you locate a will. For more information, go to [[Estate Duty Records]].<br>
Here is a list of the courts that had probate jurisdiction over Derbyshire before 1858. For more information, click on a court name.  


<br>
*[[Court of the Bishop of Lichfield and Coventry (Episcopal Consistory)]]
*[[Court of the Peculiar of the Dean and Chapter of Lichfield]]
*[[Court of the Peculiar of Burton upon Trent]]
*[[Court of the Peculiar of Hartington]]
*[[Court of the Peculiar of the Manor of Dale Abbey]]
*[[Court of the Peculiar of Peak Forest]]
*[[Court of the Peculiar of Sawley]]
*[[Prerogative Court of the Archbishop of Canterbury]]


== Post-1857 Probate Records  ==
== Estate Duty Records  ==


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.&nbsp; The system consists of 11 district registry offices and&nbsp;18 sub-district registries, located throughout England and Wales, and&nbsp;the principal registry&nbsp;office located in London.&nbsp; The 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/cms/1176.htm HMCS website].  
Starting in 1796, a tax or death duty was payable on estates over a certain value. Estate duty abstracts may add considerable information not found elsewhere. Estate duty indexes may help you locate a will. For more information, go to [[Estate Duty Records]].  


A country-wide surname index to the records is available, so it is much easier to look for post-1857 wills.&nbsp; The [http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=titledetails&titleno=208102&disp=Calendar+of+the+grants+of+probate+and+le%20%20&columns=*,0,0 indexes] for 1858-1957 and the records for the [http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=titledetails&titleno=517092&disp=Record+copy+wills%2C+1858%2D1925%20%20&columns=*,0,0 Principal Registry] and the [http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=titledetails&titleno=517092&disp=Record+copy+wills%2C+1858%2D1925%20%20&columns=*,0,0 District Registries] for 1858-1925 are available on microfilm at the Family History Library. <br>
== Probates After 1857  ==


{{Place|Derbyshire}}
{{Place|Derbyshire|Probate Records}} {{England Probate Records}}  


[[Category:Derbyshire|Probate Records]]
[[Category:Derbyshire Probate Records]]
[[Category:Probate_records_in_England]]

Latest revision as of 10:38, 21 May 2024

Derbyshire Wiki Topics
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Beginning Research
Record Types
Derbyshire Background
Local Research Resources

Getting Started

Probate is the legal process by which the estate of a deceased person is distributed to his or her heirs. This article is about probate records in Derbyshire. 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 Derbyshire, follow these steps:

Step 1. Search indexes

Online Indexes

Before looking for a will, you should search an index. Here is a list of some indexes. Others will be listed in each court's article.

Start with:

Also check:

  • 1516-1652 - A scanned edition of W.P.W. Phillimore's 1892 publication by the British Record Society, Calendars of Wills & Administrations in the Consistory court of the bishop of Lichfield and Coventry, 1516-1652, is available on Google Books. The publication also includes indexes to probate records of the peculiar courts for Derbyshire, 1753-1790.
  • 1650-1700 Lichfield Consistory Court Wills, 1650-1700 at Findmypast (£).
  • 1650-1730 - An index for wills and administrations 1650-1730 for the Diocese of Lichfield and Coventry covering 23000 plus probate documents can be found at Staffordshire Name Indexes - free

For specific places, see:

  • 1525-1928 Derbyshire WILLS, 1525-1928 (browse 35,066 Wills and 5,093 different surnames; pertaining to much more than just people from the parish of Wirksworth).
Printed Indexes
  • 1516-1652 - A scanned edition of W.P.W. Phillimore's 1892 publication by the British Record Society, Calendars of Wills & Administrations in the Consistory court of the bishop of Lichfield and Coventry, 1516-1652, is available on Google Books. The publication also includes indexes to probate records of the peculiar courts for Derbyshire, 1753-1790.

Early Derbyshire wills proved in the Prerogative Court of Canterbury have been thoroughly abstracted and indexed:

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 the parish where your ancestor lived or died. To learn whether the place you have is a parish, look it up in a gazetteer. Here are links to a gazetteer online:

  • Vision of Britain


Once you identified a 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. Every town and parish in Derbyshire was under the probate jurisdiction of a primary court and one or more secondary courts. Most of the county of Derbyshire was under the primary jurisdiction of the Court of the Bishop of Lichfield and Coventry (Episcopal Consistory) and the secondary jurisdiction of the Prerogative Court of Canterbury.

However there were exceptions. Click here for an alphabetical list of the parishes of Derbyshire that were exceptions. If you do not find your place in the list of exceptions, then search the records of the above courts by clicking on the name of the court either in the paragraph above or the section below where the court is mentioned. Follow the steps given on the page for the court to find a will that was probated in that court.

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:

Derbyshire Probate Courts

Here is a list of the courts that had probate jurisdiction over Derbyshire before 1858. For more information, click on a court name.

Estate Duty Records

Starting in 1796, a tax or death duty was payable on estates over a certain value. Estate duty abstracts may add considerable information not found elsewhere. Estate duty indexes may help you locate a will. For more information, go to Estate Duty Records.

Probates After 1857

v • d• e
Links to Derbyshire-related articles
v • d• e
England Probate Records by county
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