Staffordshire Probate Records: Difference between revisions

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== Some Explanatory Notes on the Courts in Essex<br> ==
== Some Explanatory Notes on the Courts in Staffordshire<br> ==


Probate records for the&nbsp;first nine&nbsp;courts listed above are located at the [http://www.essexcc.gov.uk/vip8/ecc/ECCWebsite/dis/guc.jsp?channelOid=13813&guideOid=14783&guideContentOid=14819 Essex Record Office].  
Probate records for the&nbsp;first nine&nbsp;courts listed above are located at the Staffordshire Record Office.  


Records and indexes for each court are also available in the collection of the Family History Library in Salt Lake City.&nbsp; Search the [http://www.familysearch.org/Eng/Library/FHLC/frameset_fhlc.asp Family History Library Catalog] for the title of the court or the court as&nbsp;an author.&nbsp; <br>
Records and indexes for each court are also available in the collection of the Family History Library in Salt Lake City.&nbsp; Search the [http://www.familysearch.org/Eng/Library/FHLC/frameset_fhlc.asp Family History Library Catalog] for the title of the court or the court as&nbsp;an author.&nbsp; <br>

Revision as of 17:05, 15 May 2009

For an explanation of probate records in England, click here. For an explanation  of probate records in England, click here.

Staffordshire Probate Courts[edit | edit source]

England Gotoarrow.png Stafford

For a general explanation of probate records in England, click here.

Getting Started[edit | edit source]

Probate is the legal court process by which the estate of a deceased person is distributed to his/her heirs. 

In order to find a probate record for your ancestor, you must answer two questions:

  1. When did your ancestor die?
  2. Where did your ancestor live or own property?

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 ecclesiatical 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. 
  • 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.


Staffordshire Probate Courts[edit | edit source]

The following probate courts had some jurisdiction over the county of Staffordshire prior to 1858:


In addition, 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.

Appeals Courts[edit | edit source]

Any probate that was disputed and could not be settled by the county courts could be sent to these higher appeals courts:

Some Explanatory Notes on the Courts in Staffordshire
[edit | edit source]

Probate records for the first nine courts listed above are located at the Staffordshire Record Office.

Records and indexes for each court are also available in the collection of the Family History Library in Salt Lake City.  Search the Family History Library Catalog for the title of the court or the court as an author. 

Essex Parishes and Their Probate Jurisdictions
[edit | edit source]

Here are links to an alphabetical list of Essex parishes containing a prioritized list of courts with jurisdiction over each.  To see which courts to search for probates of persons living in or owning property in particular parish, click on the letter the parish name begins with.

 A    B    C   D-F   G    H-K    L    M-N    O-R    S     T-V    W-Z 


Probate Indexes[edit | edit source]

Before looking for a will, you should search an index.

Online Indexes[edit | edit source]

A general will index for Essex County is available online.  This single index consolidates just about all Essex county wills of the various probate court jurisdictions into one database.

http://linux02.lib.cam.ac.uk/earlscolne/probate/index.htm

This online website is a listing of a few transcribed wills. 

Printed Indexes[edit | edit source]

If the indexes on the Internet do not produce possible wills for your ancestors, look in the published indexes listed here.

The Essex County Record Office compiled and published a complete surname index covering wills and administrations from the first eight Essex County probate court jurisdictions listed above (through the Liberty of Sokens).  The index is available in three volumns at the Family History Library in Salt Lake City:

  • Emmison, F. G., ed.  [Index to] Wills at Chelmsford.  London: s.n., 1961, by the British Record Society.  (FHL book 942 B4b vols. 78, 79 & 84; also on microfilms 0962739 and 0962740, and on microfiche 6073796, 6073797, and 6073802.)

Other printed indexes are found listed on the court pages.  Click on the court name links above.


Post-1857 Probate Records[edit | edit source]

Beginning in 1858, the government took over the settlement of estates and all wills are now probated through the Principal Probate Registry system.  The system consists of 11 district registry offices and 18 sub-district registries, located throughout England and Wales, and the principal registry office located in London.  The records are available through the office of Her Majesty's Courts Service.  To learn more, go to the HMCS website.

A country-wide surname index to the records is available, so it is much easier to look for post-1857 wills.  The indexes for 1858-1957 and the records for 1858-1925 are available on microfilm at the Family History Library.


Court Jurisdictions by Parish[edit | edit source]

Before 1858, every town and parish in Staffordshire fell under the probate jurisdiction of a primary court and several secondary courts.  When looking for the will of an ancestor, you should search the courts in the order given. For an authoritative treatise on each Staffordshire probate court and the parishes comprising them in pre-1858, see Anthony J. Camp's publication, Wills and Their Whereabouts; also available at the Family History Library, FHL book call #942 S2wa. Search indexes first.  For indexes, click on the court name links above [soon to be constructed]. When looking for the will of an ancester, you should search the courts in the order given.  Search indexes first.  For indexes, click on the court name links above.

Here is a list of Staffordshire parishes beginning with the letter A and the pre-1858 courts that had probate jurisdiction over them.  For other parishes, click on a letter link:  B-G, H-L, M-S, T-Z.


PARISH PRIMARY COURT SECONDARY COURTS - IN SEARCH ORDER
Abbots Bromley Court of the Bishop of Lichfield (Episcopal Consistory) 2 - Prerogative Court of the Archbishop of Canterbury
Adbaston Peculiar of the Dean of Lichfield 2 - Court of the Bishop of Lichfield (Episcopal Consistory)
Acton Trussel Peculiar Court of Whittington and Baswich 2 - Court of the Bishop of Lichfield (Episcopal Consistory)
Aldridge Court of the Bishop of Lichfield (Episcopal Consistory) 2 - Prerogative Court of the Archbishop of Canterbury
Alrewas Peculiar Court of Alrewas and Weeford 2 - Court of the Bishop of Lichfield (Episcopal Consistory)
Alstonefield Court of the Bishop of Lichfield (Episcopal Consistory) 2 - Prerogative Court of the Archbishop of Canterbury
Alton Court of the Bishop of Lichfield (Episcopal Consistory) 2 - Prerogative Court of the Archbishop of Canterbury
Armitage Peculiar Court of Hansacrea and Armitage 2 - Court of the Bishop of Lichfield (Episcopal Consistory)
Ashford Peculiar of the Dean and Chapter of Lichfield 2 - Court of the Bishop of Lichfield (Episcopal Consistory)
Ashley Court of the Bishop of Lichfield (Episcopal Consistory) 2 - Prerogative Court of the Archbishop of Canterbury
Aston Court of the Bishop of Lichfield (Episcopal Consistory) 2 - Prerogative Court of the Archbishop of Canterbury
Audley Court of the Bishop of Lichfield (Episcopal Consistory) 2 - Prerogative Court of the Archbishop of Canterbury


Post-1857 Probate Records[edit | edit source]

Beginning in 1858, the government took over the settlement of estates and all wills are now probated through the Principal Probate Registry system.  The system consists of 11 district registry offices and 18 sub-district registries, located throughout England and Wales, and the principal registry office located in London.  The records are available through the office of Her Majesty's Courts Service.  To learn more, go to the HMCS website.

A country-wide surname index to the records is available, so it is much easier to look for post-1857 wills.  The indexes for 1858-1957 and the records for 1858-1925 are available on microfilm at the Family History Library.