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A key date is 1858, when probate authority was taken from the ecclesiatical courts of the Church of England and given to the civil government. | A key date is 1858, when probate authority was taken from the ecclesiatical courts of the Church of England and given to the civil government. | ||
*If your ancestor died before 1858, his/her probate would have been proven by an | *If your ancestor died before 1858, his/her probate would have been proven by an ecclesiastical court and it is important to know where he/she lived, as that will determine which courts had jurisdiction. | ||
*If you know where your ancestor lived before 1858, you should go to the '''Court Jurisdictions''' section below to determine what courts had jurisdiction over your ancestor's place of residence. | *If you know where your ancestor lived before 1858, you should go to the '''Court Jurisdictions''' section below to determine what courts had jurisdiction over your ancestor's place of residence. | ||
*Beginning in 1858, probate authority was vested in the '''Principal Probate Registry''' system. For more information, scroll to the '''Post-1857 Probate Records''' section at the bottom of the page. | *Beginning in 1858, probate authority was vested in the '''Principal Probate Registry''' system. For more information, scroll to the '''Post-1857 Probate Records''' section at the bottom of the page. | ||
Once you have answered the two questions and determined the courts, look for indexes. Indexes will be found on the individual court pages (when you click on a court name) or in the '''Probate Indexes''' section below. | Once you have answered the two questions and determined the courts, look for indexes. Indexes will be found on the individual court pages (when you click on a court name) or in the '''Probate Indexes''' section below.<br> | ||
== Devonshire Probate Courts == | == Devonshire Probate Courts == | ||
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*[[Court of the Archdeaconry of Dorset]] | *[[Court of the Archdeaconry of Dorset]] | ||
==== 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. | |||
*Wealthier individuals | |||
*People who owned property in more than one county | |||
*Military and naval personnel | |||
*People who lived or owned property outside England | |||
=== Appeals Courts === | ==== Appeals Courts ==== | ||
Any probate that was disputed and could not be settled by the county courts could be sent to these higher appeals courts: | Any probate that was disputed and could not be settled by the county courts could be sent to these higher appeals courts: | ||
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*[[Court of Arches]] | *[[Court of Arches]] | ||
*[[High Court of Delegates]] | *[[High Court of Delegates]] | ||
*[[Prerogative Court of the Archbishop of Canterbury]] also served as an appeals court. | *[[Prerogative Court of the Archbishop of Canterbury]] also served as an appeals court.<br> | ||
== Some Explanatory Notes on the Devonshire Courts == | |||
[[Estate Duty Registers]] should be searched since many of the records for the probate courts in those areas were destroyed during World War II. | |||
== Court Jurisdictions == | == Court Jurisdictions == | ||