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England [[Image:Gotoarrow.png]] [[County Durham|Durham]]. | England [[Image:Gotoarrow.png]] [[County Durham|Durham]]. | ||
The following | The following article is about probate records in the county of Cumberland. To read general information about English probate records click [[English Probate Records|here]]. | ||
== <br>Getting Started == | |||
To ''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 prior to 1858. To look for a probate record before this time: | |||
1. Discover when and where your ancestor died. If you don’t know, use the approximate date and place where they lived.<br> 2. Go to a list of courts that had authority over a place. It's called a jurisdictions table.<br> 3. Click a letter or span of letters to see the table. The letters are below in the section called '''Court Jurisdictions'''.<br> 4. Start a search in the court named in the first column, labeled Primary Court.<br> 5. Click on the name of a court to learn more about finding and using its records. | |||
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. | |||
== Durham Probate Courts == | == Durham Probate Courts == | ||
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*[[Court of the Bishop of Durham]] (Episcopal Consistory)<br> | *[[Court of the Bishop of Durham]] (Episcopal Consistory)<br> | ||
If a will is not found in this court, search these additional courts.<br> | If a will is not found in this court, search these additional courts.<br> | ||
*Exchequer and Prerogative Courts of the Archbishop of York | *Exchequer and Prerogative Courts of the Archbishop of York | ||
*Court of the Peculiar of the Dean and Chapter of York | *Court of the Peculiar of the Dean and Chapter of York | ||
*Chancery Court of the Archbishop of York | *Chancery Court of the Archbishop of York | ||
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 proven through the Archbishop's court. Search the records of this court after all of the others have been searched.<br> | 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 proven through the Archbishop's court. Search the records of this court after all of the others have been searched.<br> | ||
=== Appeals Courts === | === Appeals Courts === | ||
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== Durham Parishes and Their Probate Jurisdictions<br> == | == Durham Parishes and Their Probate Jurisdictions<br> == | ||
Before 1858, every town and parish in Kent was under the probate jurisdiction of a primary court and several secondary courts. To find the will of your ancestor who lived or owned property in Kent, see a list of Kent parishes with the pre-1858 courts that had probate jurisdiction over each. To see a list of parishes in the county click [[Durhamshire Parishes|here]]. <br> <br> If you do not know where in Durham your ancestor lived or owned property, search the indexes for the court. If not found, search the index to the [[Prerogative Court of the Archbishop of Canterbury]]. Be aware that not every person left a will.<br> | Before 1858, every town and parish in Kent was under the probate jurisdiction of a primary court and several secondary courts. To find the will of your ancestor who lived or owned property in Kent, see a list of Kent parishes with the pre-1858 courts that had probate jurisdiction over each. To see a list of parishes in the county click [[Durhamshire Parishes|here]]. <br> <br> If you do not know where in Durham your ancestor lived or owned property, search the indexes for the court. If not found, search the index to the [[Prerogative Court of the Archbishop of Canterbury]]. Be aware that not every person left a will.<br> | ||
== Court Jurisdictions == | == Court Jurisdictions == | ||