England Probate Records: Difference between revisions

Added "Locating Probate Records" under Pre-1858 Probate Courts section.
(Removed text and put it earlier in the article.)
(Added "Locating Probate Records" under Pre-1858 Probate Courts section.)
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'''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.  
'''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 [http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=titlehitlist&columns=*%2C0%2C0&callno=942+B4b 942 B4b], v. 85.)  
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 [http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=titlehitlist&columns=*%2C0%2C0&callno=942+B4b 942 B4b], v. 85.)<br>
 
=== Locating Probate Records<br> ===
 
There are three steps to locating probate records.
 
* Determine when and where the will might have been proved.<br> * Determine the court or courts that had jurisdiction.<br> * Search the indexes and records of the court or courts.


=== 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:&nbsp;  
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:&nbsp;  
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Ecclesiastical jurisdictions, which help determine the court, are given in Samuel Lewis’s Topographical Dictionary of England (see the "[[England Gazetteers|Gazetteers]]" section of this outline) and Frank Smith’s ''A Genealogical Gazetteer of England''.  
Ecclesiastical jurisdictions, which help determine the court, are given in Samuel Lewis’s Topographical Dictionary of England (see the "[[England Gazetteers|Gazetteers]]" section of this outline) and Frank Smith’s ''A Genealogical Gazetteer of England''.  


For more information, see&nbsp;'Indexes' and&nbsp;'Finding Records in the Family History Library' below.
For more information, see&nbsp;'Indexes' and&nbsp;'Finding Records in the Family History Library' below.  


== Post-1857 Probate Courts  ==
== Post-1857 Probate Courts  ==
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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. The amount levied varied according to the relationship of the beneficiary to the deceased. Very small estates and those who died serving their country were excluded from paying the required duty.These records are especially helpful for counties Devon, Somerset and Somerset since many of the records for the probate courts were destroyed during World War II.<br>
Starting in 1796, a tax or death duty was payable on many estates with a certain value. The amount levied varied according to the relationship of the beneficiary to the deceased. Very small estates and those who died serving their country were excluded from paying the required duty.These records are especially helpful for counties Devon, Somerset and Somerset since many of the records for the probate courts were destroyed during World War II.<br>  


Estate duty abstracts may add considerable information not found elsewhere. They show the name, address and last occupation of the deceased. They may contain information about the beneficiaries and their relation to the deceased. A register could be annotated for many years, possibly listing date of death of the spouse, marriage and death dates of beneficiaries, births of children or grandchildren born after the duty was paid, and cross references to other entries.  
Estate duty abstracts may add considerable information not found elsewhere. They show the name, address and last occupation of the deceased. They may contain information about the beneficiaries and their relation to the deceased. A register could be annotated for many years, possibly listing date of death of the spouse, marriage and death dates of beneficiaries, births of children or grandchildren born after the duty was paid, and cross references to other entries.  


Read more about these records in the research guides produced by [http://www.nationalarchives.gov.uk/ The National Archives in England].<br>[http://www.nationalarchives.gov.uk/catalogue/RdLeaflet.asp?sLeafletID=107 Death Duty Records, From 1796].<br>[http://www.nationalarchives.gov.uk/catalogue/RdLeaflet.asp?sLeafletID=245 How to Interpret Death Duty Registers].<br>
Read more about these records in the research guides produced by [http://www.nationalarchives.gov.uk/ The National Archives in England].<br>[http://www.nationalarchives.gov.uk/catalogue/RdLeaflet.asp?sLeafletID=107 Death Duty Records, From 1796].<br>[http://www.nationalarchives.gov.uk/catalogue/RdLeaflet.asp?sLeafletID=245 How to Interpret Death Duty Registers].<br>  
 
== Locating Probate Records  ==
 
There are three steps to locating probate records.


<h2> Locating Probate Records  </h2>
*Determine when and where&nbsp;the will might have been proved.  
<p>There are three steps to locating probate records.
*Determine the court or courts that had jurisdiction.  
</p>
*Search the indexes and records of the court or courts.
<ul><li>Determine when and where&nbsp;the will might have been proved.  
</li><li>Determine the court or courts that had jurisdiction.  
</li><li>Search the indexes and records of the court or courts.
</li></ul>


== Indexes  ==
== Indexes  ==
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The records of the '''Prerogative Court of Canterbury''', for&nbsp;1384-1858, are indexed online through the website of the National Archives of&nbsp;the United Kingdom&nbsp;and their feature [http://www.nationalarchives.gov.uk/documentsonline/ DocumentsOnline].  
The records of the '''Prerogative Court of Canterbury''', for&nbsp;1384-1858, are indexed online through the website of the National Archives of&nbsp;the United Kingdom&nbsp;and their feature [http://www.nationalarchives.gov.uk/documentsonline/ DocumentsOnline].  


Other repositories and organizations, including family history societies, have created and published indexes, some online and some as booklets or on microfiche. For those available in the Family History Library, go to the library's [http://www.familysearch.org/Eng/Library/FHLC/frameset_fhlc.asp catalog] and do a Place search for your county of interest and the topic of Probate Records.
Other repositories and organizations, including family history societies, have created and published indexes, some online and some as booklets or on microfiche. For those available in the Family History Library, go to the library's [http://www.familysearch.org/Eng/Library/FHLC/frameset_fhlc.asp catalog] and do a Place search for your county of interest and the topic of Probate Records.  


[http://www.originsnetwork.com/help/popup-aboutbo-pcc.htm http://www.originsnetwork.com/help/popup-aboutbo-pcc.htm]
[http://www.originsnetwork.com/help/popup-aboutbo-pcc.htm http://www.originsnetwork.com/help/popup-aboutbo-pcc.htm]  


Prerogative Court of Canterbury Wills Index 1750-1800<br>[http://www.originsnetwork.com/help/popup-aboutbo-boe.htm http://www.originsnetwork.com/help/popup-aboutbo-boe.htm]
Prerogative Court of Canterbury Wills Index 1750-1800<br>[http://www.originsnetwork.com/help/popup-aboutbo-boe.htm http://www.originsnetwork.com/help/popup-aboutbo-boe.htm]  


Bank of England Will Extracts Index 1717-1845<br>For links to other online indexes, go to the [http://www.genuki.org.uk/big/eng/ GENUKI] website and click on the links for your county of interest and the topic of Probate Records.  
Bank of England Will Extracts Index 1717-1845<br>For links to other online indexes, go to the [http://www.genuki.org.uk/big/eng/ GENUKI] website and click on the links for your county of interest and the topic of Probate Records.  
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[http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=titledetails&titleno=817853&disp=Index+to+death+duty+registers+in+the+Est%20%20&columns=*,0,0 Index to death duty registers in the Estate Duty Office, 1812-1903]<br>  
[http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=titledetails&titleno=817853&disp=Index+to+death+duty+registers+in+the+Est%20%20&columns=*,0,0 Index to death duty registers in the Estate Duty Office, 1812-1903]<br>  


Films may be viewed at the library or ordered through a [http://www.familysearch.org/Eng/Library/FHC/frameset_fhc.asp family history center].
Films may be viewed at the library or ordered through a [http://www.familysearch.org/Eng/Library/FHC/frameset_fhc.asp family history center].  


=== Will Beneficiaries  ===
=== Will Beneficiaries  ===


Some estimate that only 5-10% of the population left a will. Those persons named in a will, a beneficiary, account for a much larger portion of the population. A few indexes are being made available that identify the persons mentioned in wills. For a list of know indexes to will beneficiaries '''[[England Will Beneficiary Indexes|read on...]]'''
Some estimate that only 5-10% of the population left a will. Those persons named in a will, a beneficiary, account for a much larger portion of the population. A few indexes are being made available that identify the persons mentioned in wills. For a list of know indexes to will beneficiaries '''[[England Will Beneficiary Indexes|read on...]]'''  


== Finding Probate Records at the Family History Library  ==
== Finding Probate Records at the Family History Library  ==
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The actual wills are on microfilm for 1858 through 1925 and are listed in the Family History Library [http://www.familysearch.org/eng/Library/FHLC/frameset_fhlc.asp Catalog]. Do a Place search for England and the topic of Probate Records. The record titles begin "Record copy wills..." There are two catalog records for the district registry wills and one for the Principal Registry.  
The actual wills are on microfilm for 1858 through 1925 and are listed in the Family History Library [http://www.familysearch.org/eng/Library/FHLC/frameset_fhlc.asp Catalog]. Do a Place search for England and the topic of Probate Records. The record titles begin "Record copy wills..." There are two catalog records for the district registry wills and one for the Principal Registry.  


=== Estate Duty Wills and Administrations ===
=== Estate Duty Wills and Administrations ===


Many probate records from the counties of Devon, Somerset, and Cornwall were destroyed during World War II. For these and others counties are available at the Family History Library.&nbsp;Click on one of the following links to find the film numbers in the catalog.
Many probate records from the counties of Devon, Somerset, and Cornwall were destroyed during World War II. For these and others counties are available at the Family History Library.&nbsp;Click on one of the following links to find the film numbers in the catalog.  


[http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=titlefilmnotes&columns=*%2C0%2C0&titleno=534228&disp=Death+duty+register+for+abstracts+of+adm++ Death duty register for abstracts of administrations and probates of wills for country courts, 1796-1811].
[http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=titlefilmnotes&columns=*%2C0%2C0&titleno=534228&disp=Death+duty+register+for+abstracts+of+adm++ Death duty register for abstracts of administrations and probates of wills for country courts, 1796-1811].  


[http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=titledetails&titleno=613685&disp=Death+duty+register+for+abstracts+of+adm%20%20&columns=*,0,0 Abstracts of administrations in the country courts, 1812-1857].
[http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=titledetails&titleno=613685&disp=Death+duty+register+for+abstracts+of+adm%20%20&columns=*,0,0 Abstracts of administrations in the country courts, 1812-1857].  


[http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=titledetails&titleno=522838&disp=Death+duty+register+for+wills+in+the+Pre%20%20&columns=*,0,0 Prerogative Court of Canterbury, 1796-1811; and administrations, 1796-1857].
[http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=titledetails&titleno=522838&disp=Death+duty+register+for+wills+in+the+Pre%20%20&columns=*,0,0 Prerogative Court of Canterbury, 1796-1811; and administrations, 1796-1857].  


[http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=titledetails&titleno=817853&disp=Index+to+death+duty+registers+in+the+Est%20%20&columns=*,0,0 Index to death duty registers in the Estate Duty Office, 1812-1903]
[http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=titledetails&titleno=817853&disp=Index+to+death+duty+registers+in+the+Est%20%20&columns=*,0,0 Index to death duty registers in the Estate Duty Office, 1812-1903]  


Films may be viewed at the library or ordered through a family history center.
Films may be viewed at the library or ordered through a family history center.  


== Records Not at the Family History Library  ==
== Records Not at the Family History Library  ==
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