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''[[England]] [[Image:Gotoarrow.png]] [[Derbyshire]]'' | ''[[England]] [[Image:Gotoarrow.png]] [[Derbyshire]]'' | ||
The following article is about probate records in the county of Derbyshire. For general information about English probate records, click [[England Probate Records|here]]. | The following article is about probate records in the county of Derbyshire. For general information about English probate records, click [[England Probate Records|here]].<br> | ||
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== Description == | == Description == | ||
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''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. | ''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. | ||
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''' section below has a link to an article about probates after 1857. | 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''' section below has a link to an article about probates after 1857.<br> | ||
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== Getting Started == | == Getting Started == | ||
Follow these steps to look for a probate record before 1858:<br> | Follow these steps to look for a probate record before 1858:<br> | ||
#Discover when and where your ancestor died. If you don’t know, use the approximate date and place where they lived. <br> | #Discover when and where your ancestor died. If you don’t know, use the approximate date and place where they lived. <br> | ||
#Go to the Court Jurisdictions section below.<br> | #Go to the Court Jurisdictions section below.<br> | ||
#Click a letter or span of letters for your place. This opens an article showing a table of places and the courts that had jurisdiction over them.<br> | #Click a letter or span of letters for your place. This opens an article showing a table of places and the courts that had jurisdiction over them.<br> | ||
#Follow the steps at the top of the table to search for a will. | #Follow the steps at the top of the table to search for a will.<br> | ||
== Court Jurisdictions by Parish<br> == | == Court Jurisdictions by Parish<br> == | ||
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Before 1858, every town and parish in Derbyshire was under the probate jurisdiction of a primary ecclesiastical court and one or more secondary ecclesiastical courts. Most of the county was under the primary jurisdiction of the [[Court of the Bishop of Lichfield (Episcopal Consistory)|Court of the Bishop of Lichfield (Episcopal Consistory)]] and the secondary jurisdiction of the [[Prerogative Court of Canterbury|Prerogative Court of Canterbury]], which also was the highest court in the country. However there were some exceptions. | Before 1858, every town and parish in Derbyshire was under the probate jurisdiction of a primary ecclesiastical court and one or more secondary ecclesiastical courts. Most of the county was under the primary jurisdiction of the [[Court of the Bishop of Lichfield (Episcopal Consistory)|Court of the Bishop of Lichfield (Episcopal Consistory)]] and the secondary jurisdiction of the [[Prerogative Court of Canterbury|Prerogative Court of Canterbury]], which also was the highest court in the country. However there were some exceptions. | ||
Click [[Derbyshire Probate Jurisdictions Parishes A|here]] for an alphabetical list of the parishes of Derbyshire that were exceptions to the norm, with the pre-1858 courts that had probate jurisdiction over them. | Click [[Derbyshire Probate Jurisdictions Parishes A|here]] for an alphabetical list of the parishes of Derbyshire that were exceptions to the norm, with the pre-1858 courts that had probate jurisdiction over them.<br> | ||
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== Derbyshire Probate Courts == | == Derbyshire Probate Courts == | ||
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*[[Court of the Peculiar of Sawley]] | *[[Court of the Peculiar of Sawley]] | ||
*Wealthy individuals<br> | *Wealthy individuals<br> | ||
*Interregnum, 1649-1660, because the Prerogative Court was the only court. | *Interregnum, 1649-1660, because the Prerogative Court was the only court. | ||
*Property in more than one diocese in the Province of Canterbury. | *Property in more than one diocese in the Province of Canterbury. | ||
*Property in both the Province of Canterbury and Province of York. | *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. | *People who died outside England, including British citizens and others who held property in England. | ||
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*[[High Court of Delegates]] | *[[High Court of Delegates]] | ||
The [[Prerogative Court of the Archbishop of Canterbury]] also served as an appeals court. | The [[Prerogative Court of the Archbishop of Canterbury]] also served as an appeals court.<br> | ||
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== Probate Indexes and Calendars == | == Probate Indexes and Calendars == | ||
Registered wills and original wills, administrations and inventories, 1494-1860, and, act books, 1532-1638 for Diocese of Lichfield Episcopal Consistory Court [http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=titledetails&titleno=309060&disp=Registered+wills+and+original+wills%2C+a%20%20&columns=*,0,0] These are calendars that cover most of county Derby.<br> | Registered wills and original wills, administrations and inventories, 1494-1860, and, act books, 1532-1638 for Diocese of Lichfield Episcopal Consistory Court [http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=titledetails&titleno=309060&disp=Registered+wills+and+original+wills%2C+a%20%20&columns=*,0,0] These are calendars that cover most of county Derby.<br> | ||
== Probate Indexes Online == | == Probate Indexes Online == | ||
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*[http://www.pentrich.org.uk/html/wills.html PENTRICH WILLS & PROBATE INDEX] (from the Pentrich Historical Society; also includes entries for people in parishes adjacent to Pentrich): | *[http://www.pentrich.org.uk/html/wills.html PENTRICH WILLS & PROBATE INDEX] (from the Pentrich Historical Society; also includes entries for people in parishes adjacent to Pentrich): | ||
== Estate Duty Records<br> == | |||
== Estate Duty Records<br> == | |||
<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 you locate a will. For more information, go to [[Estate Duty Records]].<br> | ||
== Probates After 1857s == | == Probates After 1857s == | ||
Beginning in 1858, the government took over the settlement of estates and all wills are now probated through the Principal Probate Registry system. For more information, go to [[Principal Probate Registry]]. | Beginning in 1858, the government took over the settlement of estates and all wills are now probated through the Principal Probate Registry system. For more information, go to [[Principal Probate Registry]].<br> | ||
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[[Category:Derbyshire]] | [[Category:Derbyshire]] |
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