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England Probate Records: Difference between revisions
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[[England|'''England''' ]] | [[England Civil Registration|'''Civil Registration''']] | [[England Census|'''Census''']] | [[England Church Records|'''Church Records''']] |<br> | |||
[[England|'''England''' | |||
[[Image:Reading of a Will.jpg|thumb|right|375x287px|Reading of a Will.jpg]] | [[Image:Reading of a Will.jpg|thumb|right|375x287px|Reading of a Will.jpg]] | ||
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== Introduction == | == Introduction == | ||
Probate records are court records dealing with the distribution of a person’s estate after death. Information recorded may include the death date, names of heirs, family members, and | Probate records are court records dealing with the distribution of a person’s estate after death. Information recorded may include the death date, names of heirs, family members, and guardians, relationships, residences, inventories of the estate (including trade and household goods), and names of witnesses. | ||
Probate | Probate records are very useful for family historians because: | ||
*They are | *They are often the only record for the time period before census records where all members of a family might be listed | ||
*They can give vital information | *They can give vital information such as localities that the individual is associated with | ||
*They were recorded much earlier than birth, marriage, and death registration. | *They were recorded much earlier than birth, marriage, and death registration. | ||
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== Types of Probate Records == | == Types of Probate Records == | ||
'''Will'''. Technically, a will conveys real (immovable) property to heirs after an individual’s death. A registered will is an official copy made by a court clerk. | '''Will'''. Technically, a will conveys real (immovable) property to heirs after an individual’s death. A registered will is an official copy made by a court clerk. Click [[England Probate Records: Sample of Will|'''here''']] to see a sample Will. | ||
'''Testament'''. A testament conveys personal (moveable) property to heirs. The term, will, since early times has commonly referred to both a will and a testament. | '''Testament'''. A testament conveys personal (moveable) property to heirs. The term, will, since early times has commonly referred to both a will and a testament. | ||
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'''Codicil'''. A codicil is a signed, witnessed addition to a will. | '''Codicil'''. A codicil is a signed, witnessed addition to a will. | ||
'''Administration, Letters of Administration, or Admon'''. These refer to a document appointing someone to supervise the estate’s distribution for someone who died "intestate" (without a will). This document gives very little information but may contain some useful clues. The administrator is usually a relative of the deceased. | '''Administration, Letters of Administration, or Admon'''. These refer to a document appointing someone to supervise the estate’s distribution for someone who died "intestate" (without a will). This document gives very little information but may contain some useful clues. The administrator is usually a relative of the deceased. Click [[England Probate Records: Sample of an Administration|'''here''']] to see a sample administration.<br> | ||
'''Admon with Will'''. This record grants administration to someone else when the executor named in the will is deceased or is unwilling or unable to act as executor. A copy of the will is attached. | '''Admon with Will'''. This record grants administration to someone else when the executor named in the will is deceased or is unwilling or unable to act as executor. A copy of the will is attached. | ||
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Some of the key events affecting probate record keeping are: | Some of the key events affecting probate record keeping are: | ||
'''1642–1660: | '''1642–1660: ''' The Civil War disrupted the probate process. Parliament abolished the ecclesiastical courts in 1653 but restored them in 1661. Wills proved during this interruption are filed at the Prerogative Court of Canterbury. | ||
'''1796–1857: | '''1796–1857: ''' A tax was placed on all estates valued over £10. This was called an estate duty. | ||
'''1858: | '''1858: ''' The Principal Probate Registry, a civil government system, replaced all earlier probate courts. | ||
==== Laws and Customs ==== | ==== Laws and Customs ==== | ||
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When a father or widow died leaving minor children, relatives usually took the children without court sanction. Sometimes the court appointed a guardian or curator to look after the children’s interests until they were 21. If a child was under marriageable age (12 for girls and 14 for boys), guardianship was called "tuition." If the child was of marriageable age but under 21, it was called "curation." See [[Guardianship Bonds in England and Wales|Guardianship Bonds in England and Wales]]. | When a father or widow died leaving minor children, relatives usually took the children without court sanction. Sometimes the court appointed a guardian or curator to look after the children’s interests until they were 21. If a child was under marriageable age (12 for girls and 14 for boys), guardianship was called "tuition." If the child was of marriageable age but under 21, it was called "curation." See [[Guardianship Bonds in England and Wales|Guardianship Bonds in England and Wales]]. | ||
The cities of London, Bristol, and Exeter had special orphans courts. Records from these courts appear in the | The cities of London, Bristol, and Exeter had special orphans courts. Records from these courts appear in the Place Search of the Family History Library Catalog under: | ||
ENGLAND, [COUNTY] - ORPHANS AND ORPHANAGES | ENGLAND, [COUNTY] - ORPHANS AND ORPHANAGES | ||
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Prior to 1858 the Church of England probated the estates of deceased persons. There were over 300 church probate courts in a hierarchy of jurisdiction and importance. A higher court had jurisdiction when the testator owned property within the jurisdiction of two or more lower courts. Usually the court with primary jurisdiction probated the will, but wealth, status, and convenience could have affected which court was used. The hierarchy of jurisdictions is as follows: | Prior to 1858 the Church of England probated the estates of deceased persons. There were over 300 church probate courts in a hierarchy of jurisdiction and importance. A higher court had jurisdiction when the testator owned property within the jurisdiction of two or more lower courts. Usually the court with primary jurisdiction probated the will, but wealth, status, and convenience could have affected which court was used. The hierarchy of jurisdictions is as follows: | ||
'''Peculiar courts: | '''Peculiar courts: '''Peculiar courts, manor courts, or other special courts had limited jurisdiction over small areas (sometimes just one parish). Most of England was not within the jurisdiction of any peculiar court. | ||
'''Archdeaconry courts:''' | '''Archdeaconry courts:''' Archdeaconries were divisions of a Church of England diocese, and Archdeaconry courts were common probate jurisdictions in most dioceses. However, the diocese of York was divided into rural deaneries. | ||
'''Bishops’ courts:''' | '''Bishops’ courts:''' Also called Episcopal, Commissary, Diocesan, or Consistory courts, bishops' courts were the highest court within each diocese. | ||
Courts such as Court of the Dean and Chapter or Court of the Cathedral often acted on the bishop’s behalf. Records for these cases are often filed with their own court records. | Courts such as Court of the Dean and Chapter or Court of the Cathedral often acted on the bishop’s behalf. Records for these cases are often filed with their own court records. | ||
'''Prerogative Courts:''' | '''Prerogative Courts:''' The prerogative courts of York and Canterbury had jurisdiction when the deceased’s property was in more than one diocese. | ||
The Prerogative Court of Canterbury, the highest court of all, | The Prerogative Court of Canterbury, the highest court of all, was used for wills of testators who died or owned property outside of England, foreigners who owned property in England, military personnel, persons having property in more than one probate jurisdiction, and often for wealthier individuals. | ||
If a court’s decision was disputed, additional records may be found among later records of the same court or in a court of higher jurisdiction. | If a court’s decision was disputed, additional records may be found among later records of the same court or in a court of higher jurisdiction. | ||
'''Courts of appeal:''' | '''Courts of appeal:''' There were three general courts of appeal. Appeals from the Prerogative Court of Canterbury were to the Court of Arches (of Canterbury). Appeals from the Prerogative Court of York were to the Chancery Court of the Archbishop of York, then to the Prerogative Court of Canterbury. Final appeals from all courts were to the Pope until 1533 and then to the Court of Delegates until 1831. After 1831 final appeals were made to the Privy Council. | ||
Records of the Court of Arches start in 1660. Many of this court’s records are available on microfiche and are indexed in The Index Library. (Family History Library book {{FHL|942 B4b|disp=942 B4b}}, v. 85.)<br> | Records of the Court of Arches start in 1660. Many of this court’s records are available on microfiche and are indexed in The Index Library. (Family History Library book {{FHL|942 B4b|disp=942 B4b}}, v. 85.)<br> | ||
== Get Started: | == Get Started: Finding a Probate Record<br> == | ||
There are three steps to locating probate records. | There are three steps to locating probate records. | ||
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*Determine the parish/city and the year in which your ancestor died. | *Determine the parish/city and the year in which your ancestor died. | ||
*Determine the court or courts that had jurisdiction over the parish/city. | *Determine the court or courts that had jurisdiction over the parish/city. | ||
*Search the indexes and records of the court[s] | *Search the indexes and records of the court[s] jurisdiction. | ||
*The [https://www.familysearch.org/learningcenter/lesson/introduction-to-england-probate-records/642 Introduction to England Probate Records] training video will help you understand probates. | *The [https://www.familysearch.org/learningcenter/lesson/introduction-to-england-probate-records/642 Introduction to England Probate Records] training video will help you understand probates. | ||
==== What You Are Looking For ==== | ==== What You Are Looking For ==== | ||
You are looking for a pre-1858 probate record for one of your ancestors, which could be a will or an administration with related documents. The information you will find varies from record to record. The records may provide: | You are looking for a pre-1858 probate record for one of your ancestors, which could be a will or an administration with related documents. The information you will find varies from record to record. The records may provide: | ||
*Names of heirs. | *Names of heirs. | ||
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==== Determining the Court ==== | ==== Determining the Court ==== | ||
There are several probate courts having jurisidiction in an English county. Articles in this Wiki will tell you how to discover the names of the courts having jurisdiction over your place, and details about the records. To find one of these articles, type the title (name of the county) Probate Records in the search box. For example, if you want to learn about probates in Cumberland, search for the title Cumberland Probate Records. | There are several probate courts having jurisidiction in an English county. Articles in this Wiki will tell you how to discover the names of the courts having jurisdiction over your place, and details about the records. To find one of these articles, type the title (name of the county) Probate Records in the search box. For example, if you want to learn about probates in Cumberland, search for the title Cumberland Probate Records. | ||
Call numbers for the records in the Family History Library can be found in the library's catalog. | Call numbers for the records in the Family History Library can be found in the library's catalog. For a current listing of probate records and indexes, follow these instructions. | ||
#Go to the [https://familysearch.org/#form=catalog catalog] and click '''Place Search'''. | #Go to the [https://familysearch.org/#form=catalog catalog] and click '''Place Search'''. | ||
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== Estate Duty Wills and Administrations == | == Estate Duty Wills and Administrations == | ||
Starting in 1796, a tax or death duty was payable on many estates with a certain value. | Starting in 1796, a tax or death duty was payable on many estates with a certain value. Read more about Death or [[Estate Duty Registers|Estate Duty Wills]]. | ||
== Resources == | == Resources == | ||
*''[http://www.findmypast.co.uk/probate-records-collection-search-start.action?redef=0&event=P Probate and Wills Records Collection 1462-1858]'' - [[Findmypast.co.uk]] | *''[http://www.findmypast.co.uk/probate-records-collection-search-start.action?redef=0&event=P Probate and Wills Records Collection 1462-1858]'' - [[Findmypast.co.uk]] | ||
*[http://www.nationalarchives.gov.uk/records/wills-and-probate.htm ''Online will and probate records''] | *[http://www.nationalarchives.gov.uk/records/wills-and-probate.htm ''Online will and probate records''] - [http://www.nationalarchives.gov.uk/default.htm The National Archives] | ||
*''[http://search.ancestry.co.uk/search/db.aspx?dbid=1610 UK, Extracted Probate Records]'' - [[Ancestry.co.uk]] | *''[http://search.ancestry.co.uk/search/db.aspx?dbid=1610 UK, Extracted Probate Records]'' - [[Ancestry.co.uk]] | ||
*''[[England Cheshire Probate Records (FamilySearch Historical Records)|England Cheshire Probate Records]]'' - [[FamilySearch Historical Record Collections|FamilySearch.org]] | *''[[England Cheshire Probate Records (FamilySearch Historical Records)|England Cheshire Probate Records]]'' - [[FamilySearch Historical Record Collections|FamilySearch.org]] | ||
*''[[England Oxford, Berkshire and Buckinghamshire Probate Records (FamilySearch Historical Records)|England Oxford, Berkshire and Buckinghamshire Probate Records]]'' - [[FamilySearch Historical Record Collections|FamilySearch.org]] | *''[[England Oxford, Berkshire and Buckinghamshire Probate Records (FamilySearch Historical Records)|England Oxford, Berkshire and Buckinghamshire Probate Records]]'' - [[FamilySearch Historical Record Collections|FamilySearch.org]] | ||
*National Wills Index [http://www.britishorigins.com/NWIWelcome.aspx British origins] | *National Wills Index [http://www.britishorigins.com/NWIWelcome.aspx British origins] | ||
*See: | *See: Wills, Probates and Testaments with drop down [http://www.thegenealogist.co.uk/user/subscriptions.php The Genealogist.co.uk] | ||
*[http://www.willtranscriptions.co.uk/index.htm Will Transcriptions Online]: Donated will transcriptions placed online | *[http://www.willtranscriptions.co.uk/index.htm Will Transcriptions Online]: Donated will transcriptions placed online | ||
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*Look at the research wiki.familysearch.org under any county in England to see what indexes are available including those online. Example: [[Wiltshire Probate Records]], then see Step 1. Indexes can be listed there. Most counties for England have a way of looking at an index pre-1857. | *Look at the research wiki.familysearch.org under any county in England to see what indexes are available including those online. Example: [[Wiltshire Probate Records]], then see Step 1. Indexes can be listed there. Most counties for England have a way of looking at an index pre-1857. | ||
{{Place|England}} {{ featured article }} | {{England Probate Records}} | ||
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[[Category:England|Probate Records]] [[Category:Probate_records_in_England]] | [[Category:England|Probate Records]] | ||
[[Category:Probate_records_in_England]] | |||