Warwickshire Probate Records: Difference between revisions

Warwickshire Probate Records (view source)

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 == Getting Started  ==
-Probate is the legal court process by which the estate of a deceased person is distributed to his/her&nbsp;heirs.&nbsp;
+''Probate'' is the legal court process by which the estate of a deceased person is distributed to his or her heirs. The Church of England ecclesiastical courts had authority for this process until 1858. Beginning in 1858, authority over probate matters was taken from ecclesiastical courts and put under the civil authority of the Principal Probate Registry. The Post-1857 Probate Records section below contains links to additional information about the records of this court.
-In order to find a probate record for your ancestor, you must answer two questions:
+To look for a probate record before 1858:<br>
-#When did your ancestor die?
+#Discover when and where your ancestor died. If you don’t know, use the approximate date and place where they lived. <br>
-#Where did your ancestor live or own property?
+#Go to [https://wiki.familysearch.org/en/County_Probate_Records#Court_Jurisdictions Court Jurisdictions] section below.<br>
+#Click a letter or span of letters for your place name. This opens a jurisdictions table.<br>
+#Follow the instructions on the jurisdictions table page.<br>
-A key date is 1858, when probate authority was taken from the ecclesiastical courts of the Church of England and given to&nbsp;the civil government.&nbsp;
+In addition, the [[Prerogative Court of the Archbishop of Canterbury]] had jurisdiction over the whole of England, particularly in cases of wealthy individuals, people who owned property in more than one county or court's jurisdiction, people who lived or owned property outside of England, and military and Naval personnel.
-*If your ancestor died before 1858, his/her probate would have been proven by an ecclesiastical court and it is important to know where he/she lived, as that will determine which courts had jurisdiction.&nbsp;
+=== Appeals Courts  ===
-*If you know where your ancestor lived before 1858, you should go to the '''Court Jurisdictions'''&nbsp;section below&nbsp;to determine what courts had jurisdiction over your ancestor's place of residence.&nbsp;
-*Beginning in 1858, probate authority was&nbsp;vested in&nbsp;the '''Principal Probate Registry''' system.&nbsp; For more information, scroll to the '''Post-1857 Probate Records''' section at the bottom of the page.
-Once you have answered the two questions and determined the courts, look for indexes. Indexes will be found on the individual court pages (when you click on a court name) or in the '''Probate Indexes''' section below.<br><br>
+Any probate that was disputed and could not be settled by the county courts could be sent to these higher appeals courts:
+*[[Court of Arches]]
+*[[High Court of Delegates]]
+The [[Prerogative Court of the Archbishop of Canterbury]] also served as an appeals court.
 == Warwickshire Probate Courts  ==