Cumberland Probate Records: Difference between revisions

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''[[England]] [[Image:Gotoarrow.png]] [[Cumberland]]''
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== Getting Started  ==
== 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. For a general description of England probate records, click [[England Probate Records|here]].  
''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  ===
=== 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.  
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  ===
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==== Step 1. Search Indexes  ====
==== Step 1. Search Indexes  ====


Here are some online indexes to probate records that include individuals who lived in Sussex. Search these indexes first:
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 ($).


*[http://www.familyhistoryonline.net/database/SussexFHGprobate.shtml http://www.familyhistoryonline.net/database/SussexFHGprobate.shtml]&nbsp;-- compiled by the Sussex Family History Group which has transcribed the names of 12,300 individuals found in Sussex wills, including testators, executors, beneficiaries or witnesses.&nbsp;The information recorded includes name, date&nbsp;and place.  
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>
*The [http://sussexrecordsociety.org/home2.asp?an=&ap= Sussex Record Society] has&nbsp;published four volumes of indexes to Sussex wills, and these&nbsp;can be viewed on&nbsp;their [http://sussexrecordsociety.org/bwills1.asp?an=&ap= website]. They are arranged by parish then by surname.&nbsp;
*[http://www.nationalarchives.gov.uk/documentsonline/wills.asp?WT.hp=Wills Prerogative Court of Canterbury wills (1384-1858)].


Did you find a reference to a probate record?  
Did you find a reference to a will?  


*If ''yes'', go to '''Step 4''' below.  
*If ''yes'', go to '''Step 4''' below.  
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==== Step 2. Identify when and where your ancestor died  ====
==== Step 2. Identify when and where your ancestor died  ====


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


*[http://www.visionofbritain.org.uk/descriptions/index.jsp Vision of Britain]
*[https://www.visionofbritain.org.uk/ Vision of Britain]


The gazetteer will either tell you:  
The gazetteer will either tell you:  
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==== Step 3. Identify court jurisdictions by parish  ====
==== 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 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.  
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>
 


Before 1858, every town and parish in Cumberland was under the probate jurisdiction of a primary court and several secondary courts.&nbsp; To start a search for a will, click on a letter or series of letters below.<br>


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| [[Cumberland Probate Jurisdictions, Parishes A|A]]&nbsp;
| [[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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<br>
<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  ==
== Cumberland Probate Courts  ==


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 Court Jurisdictions section above.<br>
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>


*[[Court of the Bishop of Carlisle (Episcopal Consistory)]]  
*[[Court of the Bishop of Carlisle (Episcopal Consistory)]]  
*[[Court of the Archdeaconry of Richmond Western Deaneries - Copeland]]  
*[[Court of the Archdeaconry of Richmond Western Deaneries - Copeland]]  
*[[Court of the Bishop of Durham (Episcopal Consistory)]]  
*[[Court of the Bishop of Durham (Episcopal Consistory)]]  
*[[Exchequer and Prerogative Courts of the Archbishop of York]]<br>
*[[Exchequer and Prerogative Courts of the Archbishop of York]]
*[[Prerogative Court of the Archbishop of Canterbury]]


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>
 
*Wealthy individuals<br>
*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.<br>
 
==== Appeals Courts  ====
 
Any probate that was disputed and could not be settled by the county courts could be sent to these higher appeals courts:
 
*[[Court of Arches]]
*[[High Court of Delegates]]
 
The [[Prerogative Court of the Archbishop of Canterbury]] also served as an appeals court.
 
== Probate 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>
 
==== Online Indexes  ====
 
[http://www.genuki.org.uk/big/eng/CUL/ProbateRecords/index.html ''Wills of Cumberland: Abstracts of Cumberland Probate Records pre-1858'']&nbsp; contains for several parishes in Cumberland. <br>
 
==== Printed or Filmed Indexes<br> ====
 
Indexes are found in archives and in the Family History Library. Click here to see a list of the library's holdings for [http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=topicdetails&subject=506247&subject_disp=England%2C+Cumberland+-+Probate+records+-+Indexes&columns=*,0,0 indexes] and [http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=topicdetails&subject=453504&subject_disp=England%2C+Cumberland+-+Probate+records&columns=*,0,0 wills]. Films can be viewed in the library or in a [http://www.familysearch.org/eng/library/FHC/frameset_fhc.asp family history center]. <br>
 
== Some Explanatory Notes on the Cumberland Probate Courts<br> ==
 
The original probate records are housed in one of four record offices in the following cities: Barrow, Kendall, Carlisle, and&nbsp;Whitehaven. Links to these offices are found on the [http://www.cumbria.gov.uk/archives/recordoffices/default.asp Cumbria Archive Service] site.
 
== Estate Duty Records<br> ==


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 locate a will. For more information, go to [[Estate Duty Records]].<br>
== Some Explanatory Notes on the Cumberland Probate Courts ==


== Probates After 1857  ==
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.


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


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

Latest revision as of 11:04, 21 May 2024

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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 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 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 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.

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

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 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

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

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

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.