Durham Probate Records: Difference between revisions

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Probate Records

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 Durham. 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]

1858-1957 England and Wales, National Index of Wills and Administrations, 1858-1957 at FamilySearch - How to Use this Collection; index & images
1858-1995 England & Wales, National Probate Calendar (Index of Wills and Administrations), 1858-1995 at Ancestry($); index
1858-2019 England & Wales Government Probate Death Index 1858-2019 at Findmypast($); index

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 Durham, follow these steps:

Step 1. Search Indexes[edit | edit source]

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

Durham and Northumberland probate records, 1527-1857. Index is wonderful!
- North East Inheritance database (pre-1858 Durham Probate Records). To learn more about the project and search the index.
Prerogative Court of Canterbury Wills 1383-1858
Sunderland Wills and Invetories Transcribed 1601-1650 with 90 probate records

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[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:

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.

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 Durham 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.

The whole of the county of Durham was under the primary jurisdiction of the Court of the Bishop of Durham (Episcopal Consistory). This court should be searched first when looking for the probate of a deceased person who lived or owned property in Durham. Additional courts listed below also had jurisdiction over Durham. If you do not find a probate in the Court of the Bishop of Durham, search those additional courts.

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

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

Durham England Probate Records(*) at FamilySearch Catalog - some images may only be available at a FamilySearch Center or FamilySearch Affiliate Library.
Visit or contact the record office that has the original records in its collection.

Durham Probate Courts[edit | edit source]

The following court had jurisdiction over county Durham before 1858.

Durham Probate Collections[edit | edit source]

The following collections contain various records relating to probate from County Durham.

Some Explanatory Notes on the Courts of Durham[edit | edit source]

The earliest original wills for Durham date from 1540, but there are some registered copy wills for 1526-1534. There are earlier records filed with the superior courts, some dating back to 1311, in the bishop's general serices of act books. There are gaps in the records for early periods; others in poor condition.

Inventories were prevalent from the earliest period through th efirst quarter of the 18th century. They may be filed with the administration bonds as well as with the original wills. Registered copies are usually indexed and arranged chronologically. Page numbers appear in the upper right corner and testators' names are frequently written in the margins. There may be an inventory written at the end of the copy will and almost always there will be a probate act in Latin indicating when the will was proven.

Other On-line Information[edit | edit source]

Durham University Special Collection Durham Probate Records

@@ Line 1: / Line 1: @@
-''[[England]] [[Image:Gotoarrow.png]] [[County Durham|Durham]]''
+{{Durham-sidebar}}{{breadcrumb
+| link1=[[England Genealogy|England]]
+| link2=[[Durham, England Genealogy|Durham]]
+| link3=
+| link4=
+| link5=[[Durham_Probate_Records|Probate Records]]
+}}
+== 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 Durham. 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''' [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
+=== Before 1858  ===
+Before 1858, Church of England ecclesiastical courts had authority for this process. To search for a pre-1858 probate record in Durham, follow these steps:
+==== Step 1. Search Indexes  ====
+Here are some online indexes to probate records that include individuals who lived in Durham. Search these indexes first:
+*[http://familyrecords.dur.ac.uk/nei/ Durham and Northumberland probate records, 1527-1857]. Index is wonderful!
+**[http://familyrecords.dur.ac.uk/nei/data/intro.php North East Inheritance database (pre-1858 Durham Probate Records)]. To learn more about the project and search the index.
+*[https://discovery.nationalarchives.gov.uk/details/r/C12122 Prerogative Court of Canterbury Wills 1383-1858]
+*{{FSC|1928667|item|disp=Sunderland Wills and Invetories Transcribed 1601-1650 with 90 probate records}}
-The following article is about probate records in the county of Durham. For general information about English probate records click [[England Probate Records|here]].<br>
+<br>Did you find a reference to a probate record?
-== Description  ==
+*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 term ''probate'' refers to a collection of documents, including [[W genealogical glossary terms|wills]], [[A genealogical glossary terms|administrations]] (also called admons), [[I genealogical glossary terms|inventories]], and [[A genealogical glossary terms|act books]]. The Church of England ecclesiastical courts had authority for this process until to 1858. This article explains about probates and how to get started to search for a will.
+==== Step 2. Identify when and where your ancestor died  ====
-Beginning in 1858, authority over probate matters was taken from ecclesiastical courts and put under the civil authority of the Principal Probate Registry. The '''Probates After 1857'''&nbsp;section below has a link to an article about probates after 1857.<br>
+Determine ''when'' your ancestor died. If you aren't sure, use an approximate date.
-== Getting Started  ==
+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:
-Follow these steps to look for a probate record before 1858:<br>
+*[https://www.visionofbritain.org.uk/ Vision of Britain]
-#Discover when and where your ancestor died. If you don’t know, use the approximate date and place where they lived. <br>
+The gazetteer will either tell you:
-#Go to the Court Jurisdictions section below and read about the first court to search.<br>
-#If a will wasn't found, go to the Durham Probate Courts section and search the additional courts.<br><br>
-== Court Jurisdictions by Parish<br> ==
+*A place is a parish, or
+*What parish it is a part of, or
+*What place it is near.
-The whole of the county of Durham was under the primary jurisdiction of the [[Court of the Bishop of Durham (Episcopal Consistory)|Court of the Bishop of Durham (Episcopal Consistory)]]. This court should be searched first when looking for the probate of a deceased person who lived or owned property in Durham. Additional courts listed below also had jurisdiction over Durham. If you do not find a probate in the Court of the Bishop of Durham, search those additional courts.<br>
+If the latter, look that place up in the gazetteer and see if it is a parish.
-== Durham Probate Courts  ==
+Once you have identified the parish, go to '''Step 3'''.
-The following court had jurisdiction over county Durham before 1858.
+==== Step 3. Identify court jurisdictions by parish  ====
-*[[Court of the Bishop of Durham (Episcopal Consistory)]]<br>
+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 Durham 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.
-*[[Exchequer and Prerogative Courts of the Archbishop of York]]
-*[[Court of the Peculiar of the Dean and Chapter of York]]
-*[[Chancery Court of the Archbishop of York]]
-In addition, the [[Prerogative Court of the Archbishop of Canterbury]] had jurisdiction over the whole of England and specifically in the following cases.<br>
+<br>The whole of the county of Durham was under the primary jurisdiction of the [[Court of the Bishop of Durham (Episcopal Consistory)|Court of the Bishop of Durham (Episcopal Consistory)]]. This court should be searched first when looking for the probate of a deceased person who lived or owned property in Durham. Additional courts listed below also had jurisdiction over Durham. If you do not find a probate in the Court of the Bishop of Durham, search those additional courts.<br>
-*Wealthy individuals<br>
+==== Step 4. Obtain a copy of the probate record  ====
-* Interregnum, 1649-1660, because the Prerogative Court was the only court.
-*Property in more than one diocese in the Province of Canterbury.
-*Property in both the Province of Canterbury and Province of York.
-*People who died outside England, including British citizens and others who held property in England.
-==== Appeals Courts  ====
+Once you have found an index reference to a probate, obtain a copy of the record. Do so by one of these methods:
-Any probate that was disputed and could not be settled by the county courts could be sent to these higher appeals courts:
+*{{FSC|372968|subject_id|disp=Durham 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.
-*[[Court of Arches]]
+== Durham Probate Courts  ==
-*[[High Court of Delegates]]
-The [[Prerogative Court of the Archbishop of Canterbury]] also served as an appeals court.
+The following court had jurisdiction over county Durham before 1858.
-== Probate Indexes Online  ==
+*[[Court of the Bishop of Durham (Episcopal Consistory)]]<br>
+*[[Exchequer and Prerogative Courts of the Archbishop of York]]
+*[[Court of the Peculiar of the Dean and Chapter of York]]
+*[[Chancery Court of the Archbishop of York]]
+*[[Prerogative Court of the Archbishop of Canterbury]]
-*[http://familyrecords.dur.ac.uk/nei/ Durham and Northumberland probate records, 1527-1857]. The planned completion date is 2010.
+== Durham Probate Collections ==
-*Prerogative Court of Canterbury Wills  [http://www.nationalarchives.gov.uk/documentsonline/wills.asp?WT.hp=Wills 1383-1858]
+The following collections contain various records relating to probate from County Durham.
+*[[England, Durham Diocese, Allertonshire Peculiar Administration Bonds and Inventories - FamilySearch Historical Records]]
+*[[England, Durham Diocese, Allertonshire Peculiar Stray Probate Bonds - FamilySearch Historical Records]]
+*[[England, Durham Diocese, Probate Inventories - FamilySearch Historical Records]]
+*[[England, Durham Diocese, Registered Wills - FamilySearch Historical Records]]
+*[[England, Durham Diocese, Renunciations - FamilySearch Historical Records]]
+*[[England, Durham Probate Bonds - FamilySearch Historical Records]]
+*[[England, Durham, Dean and Chapter of Durham's Allerton and Allertonshire Original Wills, Inventories and Bonds - FamilySearch Historical Records]]
+*[[England, Durham, Diocese of Durham Original Wills - FamilySearch Historical Records]]
+*[[England, Durham, Probate Commissions, Monitions and Citations - FamilySearch Historical Records]]
-Some Explanatory Notes on the Courts of Durham
+== Some Explanatory Notes on the Courts of Durham  ==
 The earliest original wills for Durham date from 1540, but there are some registered copy wills for 1526-1534. There are earlier records filed with the superior courts, some dating back to 1311, in the bishop's general serices of act books. There are gaps in the records for early periods; others in poor condition.
 Inventories were prevalent from the earliest period through th efirst quarter of the 18th century. They may be filed with the administration bonds as well as with the original wills. Registered copies are usually indexed and arranged chronologically. Page numbers appear in the upper right corner and testators' names are frequently written in the margins. There may be an inventory written at the end of the copy will and almost always there will be a probate act in Latin indicating when the will was proven.<br>
-== Estate Duty Records<br> ==
+== Other On-line Information ==
+*[https://www.dur.ac.uk/library/asc/ Durham University Special Collection] Durham Probate 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.&nbsp; Estate duty indexes may help locate a will. For more information, go to [[Estate Duty Records]].<br>
-== Probates After 1857  ==
+{{Place|Durham|Probate Records}}
+{{England Probate 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. For more information, go to [[Principal Probate Registry]].<br>
+{{Template:Pros-NEE}}
-[[Category:Durham]]
+[[Category:Durham Probate Records|Probate]]