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== Post-1857 Probate Courts == | == Post-1857 Probate Courts == | ||
On 11 January 1858, a network of courts called the Principal Probate Registry replaced all ecclesiastical probate courts. All wills and administrations were then probated at district courts or at a central court in London called the Principal Registry. Online indexes available 1861-1941 for both wills and administrations at ancestry.com under search Tax, Criminal, Land & Wills records [http:// | On 11 January 1858, a network of courts called the Principal Probate Registry replaced all ecclesiastical probate courts. All wills and administrations were then probated at district courts or at a central court in London called the Principal Registry. Online indexes available 1861-1941 for both wills and administrations at ancestry.com under search Tax, Criminal, Land & Wills records [http://search.ancestry.com/search/db.aspx?dbid=1904 Will and Administration Searching] | ||
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Beginning in 1796 a tax was levied on probates of estates valued over £10. Copies of the probate documents were filed with the Estate Duty Office in London when the tax was paid. Over the years various exceptions to the laws could have exempted the tax from being paid and a will from being filed. | Beginning in 1796 a tax was levied on probates of estates valued over £10. Copies of the probate documents were filed with the Estate Duty Office in London when the tax was paid. Over the years various exceptions to the laws could have exempted the tax from being paid and a will from being filed. | ||
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*Determine when and where the will might have been proven. | |||
*Determine which court or courts had jurisdiction. | |||
*Search the indexes of the court or courts. | |||
*Search the appropriate probate documents. | *Search the appropriate probate documents. | ||
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*''Handlist of Probate Records Pertaining to the Diocese of St. David’s'', ''St. Asaph, Bangor, and Llandaff, Wales and of the Peculiar and Exempt Court of Hawarden, Flint County.'' Salt Lake City, Utah: The Church of Jesus Christ of Latter-day Saints, 1970. (Family History Library {{FHL|405695|title-id|disp=book 942.9 S2w; fiche 6054481}}.) This work contains color-coded maps to help determine the courts in which an estate would be proved. It also lists call numbers for indexes, wills, and administrations that apply to each court. | |||
*Gibson, Jeremy, comp. 4th ed. ''Probate Jurisdictions:'' ''Where to Look for Wills.'' Birmingham, England: Federation of Family History Societies (Publications) Ltd., 1997. (Family History Library {{FHL|657264|title-id|disp=book 942 P23g}} 1997.) | *Gibson, Jeremy, comp. 4th ed. ''Probate Jurisdictions:'' ''Where to Look for Wills.'' Birmingham, England: Federation of Family History Societies (Publications) Ltd., 1997. (Family History Library {{FHL|657264|title-id|disp=book 942 P23g}} 1997.) | ||
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'''Welsh Probate Indexes Pre-1858.''' An index to probate records for the various courts in Wales before 1858 has been compiled by The National Library of Wales. The indexes include references to wills, administration bonds, grants of administration, inventories, and other types of probate documents. | <br> | ||
'''Welsh Probate Indexes Pre-1858.''' An index to probate records for the various courts in Wales before 1858 has been compiled by The National Library of Wales. The indexes include references to wills, administration bonds, grants of administration, inventories, and other types of probate documents. | |||
The index lists the name of the person who left the will (testator), the parish and abode, the occupation, and the references needed to go directly to the correct page in the wills. | <br> | ||
The index lists the name of the person who left the will (testator), the parish and abode, the occupation, and the references needed to go directly to the correct page in the wills. | |||
The index is listed in the Place Search of the Family History Library Catalog under: | <br> | ||
The index is listed in the Place Search of the Family History Library Catalog under: | |||
'''WALES - PROBATE RECORDS DIGITAL, ONLINE AND INDEXED PRE-1858''' <u>'''FOR FREE'''</u> | <br> | ||
'''WALES - PROBATE RECORDS DIGITAL, ONLINE AND INDEXED PRE-1858''' <u>'''FOR FREE'''</u> | |||
[http://cat.llgc.org.uk/cgi-bin/gw/chameleon?skin=profeb&lng=en National Library of Wales] | <br> | ||
[http://cat.llgc.org.uk/cgi-bin/gw/chameleon?skin=profeb&lng=en National Library of Wales] | |||
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*Testator’s residence | |||
*Testator’s surname | |||
*Testator’s given name(s) | *Testator’s given name(s) | ||
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'''Principal Probate Registry.'''From 1858, all the wills and administrations that were proved in any of the district courts in Wales were indexed in the ''Calendar of the Grants of Probate and Letters of Administration'' made in the Principal Registry (see England and Wales Principal Probate Registry Including: General Index 1858–1957 Principal Registry 1858–1925 District Courts 1858–1925 in this section). The indexes include an abstract of the probate document with the date proved and the name of the court in which it was proved. | <br> | ||
'''Principal Probate Registry.'''From 1858, all the wills and administrations that were proved in any of the district courts in Wales were indexed in the ''Calendar of the Grants of Probate and Letters of Administration'' made in the Principal Registry (see England and Wales Principal Probate Registry Including: General Index 1858–1957 Principal Registry 1858–1925 District Courts 1858–1925 in this section). The indexes include an abstract of the probate document with the date proved and the name of the court in which it was proved. | |||
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To find call numbers for the probate records, look in the Place Search of the Family History Library Catalog under: | <br> | ||
To find call numbers for the probate records, look in the Place Search of the Family History Library Catalog under: | |||
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Some probate records, including those of the Principle Probate Registry, the Prerogative Court of Canterbury, and the Estate Duty, are listed in the Place Search of the Family History Library Catalog under: | Some probate records, including those of the Principle Probate Registry, the Prerogative Court of Canterbury, and the Estate Duty, are listed in the Place Search of the Family History Library Catalog under: | ||
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*''Hand List of Probate Jurisdictions in Prerogative Court of Canterbury (P.C.C.)'' and ''Filmed and Printed Probate Records Pertaining to Prerogative Court of Canterbury in the Genealogical Society Library''. Salt Lake City, Utah: The Church of Jesus Christ of Latter-day Saints, 1967. (Family History Library {{FHL|423223|title-id|disp=book 942 S2ha vol. 23; film 599220; fiche 6026312}}.) This work contains call numbers for indexes and probate documents for the Prerogative Court of Canterbury. At the front of this register is a list of printed indexes. These indexes give the testator’s name and place of residence along with the year and folio where the original is located. | |||
*''England and Wales Principal Probate Registry Including: General Index 1858–1957 Principal Registry 1858–1925 District Courts 1858–1925.'' Salt Lake City, Utah: The Church of Jesus Christ of Latter-day Saints, 1997. (Family History Library {{FHL|669640|title-id|disp=book Reg 942 S2cp 1997; microfiche 6037050}}.) Contains a list of the microfilm numbers for the indexes and probate documents for the Principal and District courts. | *''England and Wales Principal Probate Registry Including: General Index 1858–1957 Principal Registry 1858–1925 District Courts 1858–1925.'' Salt Lake City, Utah: The Church of Jesus Christ of Latter-day Saints, 1997. (Family History Library {{FHL|669640|title-id|disp=book Reg 942 S2cp 1997; microfiche 6037050}}.) Contains a list of the microfilm numbers for the indexes and probate documents for the Principal and District courts. | ||
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For copies of wills or administrations after 1857 you can write to: | <br> | ||
For copies of wills or administrations after 1857 you can write to: | |||
'''York Probate Sub-Registry'''<br>Duncombe Place<br>York<br>YO1 2EA<br>England<br>Internet: http://www.lawontheweb.co.uk/basics/probateoffices.htm | <br> | ||
'''York Probate Sub-Registry'''<br>Duncombe Place<br>York<br>YO1 2EA<br>England<br>Internet: http://www.lawontheweb.co.uk/basics/probateoffices.htm | |||
If you choose to visit, the office location is: | <br> | ||
If you choose to visit, the office location is: | |||
'''Probate Search Rooms'''<br>First Avenue House<br>42–49 High Holborn<br>London WC1V 6NP<br>England <br>Internet: http://www.hmcourts-service.gov.uk/cms/1226.htm | <br> | ||
'''Probate Search Rooms'''<br>First Avenue House<br>42–49 High Holborn<br>London WC1V 6NP<br>England <br>Internet: http://www.hmcourts-service.gov.uk/cms/1226.htm | |||
Sometimes solicitors (attorneys) kept will books, copies of wills they had prepared for clients. These books have often found their way into record offices. The books may include wills that were later revoked or never probated. | <br> | ||
Sometimes solicitors (attorneys) kept will books, copies of wills they had prepared for clients. These books have often found their way into record offices. The books may include wills that were later revoked or never probated. | |||
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*In many courts, there are separate indexes for administrations and wills. Search both indexes. | |||
*For the executor’s convenience, a totally different court may have been used. Search other courts. | |||
*When a higher church authority made an official visit, the lower court was inhibited (prevented from acting). This was called an ecclesiastical visitation. Records of estates probated during an ecclesiastical visitation are often with the records of the higher court. | |||
*If the presiding officer position was vacant, the will was probated in another court. | |||
*Your ancestor’s probate may have been used as evidence in another court action. Other courts, such as the Court of Common Pleas or the county quarter sessions, may have probated or received a copy of the will. | *Your ancestor’s probate may have been used as evidence in another court action. Other courts, such as the Court of Common Pleas or the county quarter sessions, may have probated or received a copy of the will. | ||
Some wills and many disputes over real property were handled by the Chancery Court of England. Some of the wills in this and other national courts are listed in: | Some wills and many disputes over real property were handled by the Chancery Court of England. Some of the wills in this and other national courts are listed in: | ||
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*''A List of Wills, Administrations, Etc''. ''in the Public Record Office'', London, England: 12th–19th Century. Baltimore: Magna Carta Book Company, 1968. (Family History Library {{FHL|426785|title-id|disp=book 942 S2po}}.) | *''A List of Wills, Administrations, Etc''. ''in the Public Record Office'', London, England: 12th–19th Century. Baltimore: Magna Carta Book Company, 1968. (Family History Library {{FHL|426785|title-id|disp=book 942 S2po}}.) | ||
To overcome the above problems, search the records of all probate courts having jurisdiction over the areas where the individual had property. You may also need to extend your search several years after the individual’s death.<ref>The Church of Jesus Christ of Latter-day Saints, ''Research Outline: Wales'' (Salt Lake City: Corporation of the President, 2000), 57-61.</ref> | To overcome the above problems, search the records of all probate courts having jurisdiction over the areas where the individual had property. You may also need to extend your search several years after the individual’s death.<ref>The Church of Jesus Christ of Latter-day Saints, ''Research Outline: Wales'' (Salt Lake City: Corporation of the President, 2000), 57-61.</ref> | ||
== External Links == | == External Links == | ||