Staffordshire Probate Records: Difference between revisions

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[[England]] [[Image:Gotoarrow.png]] [[Staffordshire]] [[Staffordshire Probate Records]]  
''[[England]] [[Image:Gotoarrow.png]] [[Staffordshire]] [[Image:Gotoarrow.png]] Staffordshire_Probate_Records''


The following article is about probate records in the county of Staffordshire. For general information about English probate records, click [[England Probate Records|here]]. 
== 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 Staffordshire. For a general description of England probate records, click [[England Probate Records|here]].  
 
=== 1858 to the Present  ===


<br>
Beginning in 1858, the [[Principal Probate Registry|Principal Probate Registry]] had the authority for probating estates. Click on the link to learn more.
 
=== Before 1858  ===
 
Before 1858, Church of England ecclesiastical courts had authority for this process. To search for a pre-1858 probate record in Staffordshire, follow these steps:
 
==== Step 1. Search Indexes  ====
 
Here are some online indexes to probate records that include individuals who lived in Staffordshire. Search these indexes first:
 
*[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.
*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?


== Description  ==
*If ''yes'', go to '''Step 4''' below.
*If ''no'', go to '''Step 2''' below.


''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.
==== Step 2. Identify when and where your ancestor died  ====


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'''&nbsp;section below has a link to an article about probates after 1857.  
Determine ''when'' your ancestor died.&nbsp;If you aren't sure, use an approximate date.&nbsp;


<br>
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:


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


Follow these steps to look for a probate record before 1858:<br>
The gazetteer will either tell you:  


#Discover when and where your ancestor died. If you don’t know, use the approximate date and place where they lived. <br>
*A place is a parish, or  
#Go to the Court Jurisdictions section below.<br>
*What parish it is a part of, or
#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>
*What place it is near.
#Follow the steps at the top of the table to search for a will.<br><br>


<br>
If the latter, look that place up in the gazetteer and see if it is a parish.


== Court Jurisdictions By Parish<br> ==
Once you have identified the parish, go to '''Step 3'''.


Before 1858, every town and parish in Cumberland was under the probate jurisdiction of a primary court and several secondary courts.&nbsp; When searching for the will of an ancestor, find the name of the town or parish where he/she lived in the jurisdictions lists. Go to the list of places by clicking on a letter or series of letters below.<br>
==== Step 3. Identify court jurisdictions by parish  ====


To view each parish and to learn which&nbsp;court[s] to search first for probates of persons living in or owning property in that&nbsp; parish, click on the letter the parish name 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 Staffordshire 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.


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There is a brand new index for 1650-1700 for Staffordshire at this link [http://www.staffsnameindexes.org.uk/ Will and administsrations]  
There is a brand new index for 1650-1700 for Staffordshire at this link [http://www.staffsnameindexes.org.uk/ Will and administsrations]  


A general will index for the Diocese of Lichfield exists online, a scanned edition of P.W. Phillimore's publicationby the British Record Society in 1892,[http://books.google.com/books?hl=en&id=4zYEAAAAIAAJ ''Calendars of wills administrations in the Consistory court of the bishop of Lichfield'']''.&nbsp; ''This single index consolidates most&nbsp;Staffordshire&nbsp;wills of the various probate court jurisdictions&nbsp;from 1514-1652 for the Diocese of Lichfield and to 1790 for Staffordshire smaller peculiar courts.''&nbsp;''
A general will index for the Diocese of Lichfield exists online, a scanned edition of P.W. Phillimore's publicationby the British Record Society in 1892,[http://books.google.com/books?hl=en&id=4zYEAAAAIAAJ ''Calendars of wills administrations in the Consistory court of the bishop of Lichfield'']''.&nbsp; ''This single index consolidates most&nbsp;Staffordshire&nbsp;wills of the various probate court jurisdictions&nbsp;from 1514-1652 for the Diocese of Lichfield and to 1790 for Staffordshire smaller peculiar courts.''&nbsp;''  


==== Printed Indexes  ====
==== Printed Indexes  ====

Revision as of 15:46, 27 May 2010

England Gotoarrow.png Staffordshire Gotoarrow.png Staffordshire_Probate_Records

Getting Started[edit | edit source]

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 Staffordshire. For a general description of England probate records, click here.

1858 to the Present[edit | edit source]

Beginning in 1858, the Principal Probate Registry had the authority for probating estates. Click on the link to learn more.

Before 1858[edit | edit source]

Before 1858, Church of England ecclesiastical courts had authority for this process. To search for a pre-1858 probate record in Staffordshire, follow these steps:

Step 1. Search Indexes[edit | edit source]

Here are some online indexes to probate records that include individuals who lived in Staffordshire. Search these indexes first:

Did you find a reference to a probate record?

  • If yes, go to Step 4 below.
  • If no, go to Step 2 below.

Step 2. Identify when and where your ancestor died[edit | edit source]

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[edit | edit source]

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 Staffordshire 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-G H-L M-S T-Z


Staffordshire Probate Courts[edit | edit source]

The following probate courts had some jurisdiction over the county of Staffordshire prior to 1858; note that most of Staffordshire was covered by its largest court jurisdiction, called--the Court of the Bishop of Lichfield and Coventry (Episcopal Consistory), but the county also had numerous concurrent smaller jurisdictions called "peculiars" courts as well (see the "Staffordshire Court Jurisdictions By Parish" section below to determine the correct court jurisdiction for the parish in which you may be searching for a will):

In addition, the Prerogative Court of the Archbishop of Canterbury had jurisdiction over the whole of England and specifically in the following cases.

  • Wealthy individuals
  • 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.

Appeals Courts[edit | edit source]

There were two appeals courts within the Prerogative Court of Canterbury which heard disputes over the administration or probate of an estate. They were the:

  • Court of Arches which held jurisdiction over 13 parishes in the City of London and concurrent jurisdiction over the whole of the provinces of York and Canterbury (records are at Lambeth Palace Library, London). 
  • High Court of Delegates or sometimes known as the Court of Delegates, also heard appeals cases regarding probates and administrations.

The Prerogative Court of the Archbishop of Canterbury also served as an appeals court.


Probate Indexes[edit | edit source]

Before looking for a will, you should search an index. It will save time and give a reference to finding a copy of a will.


Online Indexes[edit | edit source]

There is a brand new index for 1650-1700 for Staffordshire at this link Will and administsrations

A general will index for the Diocese of Lichfield exists online, a scanned edition of P.W. Phillimore's publicationby the British Record Society in 1892,Calendars of wills administrations in the Consistory court of the bishop of LichfieldThis single index consolidates most Staffordshire wills of the various probate court jurisdictions from 1514-1652 for the Diocese of Lichfield and to 1790 for Staffordshire smaller peculiar courts. 

Printed Indexes[edit | edit source]

See the above online indexes available at Google.books which is copy of a printed will index for Staffordshire.

The Smethwick Local history Society has published the Probate inventories of Smethwick residents, 1647-1747 : in the Lichfield Joint Record Office.

Probate Calendars[edit | edit source]

Registered wills and original wills, administrations and inventories, 1494-1860, and, act books, 1532-1638 for Diocese of Lichfield Episcopal Consistory Court. [1] These are calendars.  They cover most of the county of Stafford.


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

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. 


Estate Duty Records
[edit | edit source]

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.

Probates After 1857[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. For more information, go to Principal Probate Registry.