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== Getting Started == | == Getting Started == | ||
''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 to 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 | ''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 to 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 Probates After 1857 section below contains links to additional information about the records of this court. | ||
To look for a probate record before 1858:<br> | To look for a probate record before 1858:<br> | ||
#Discover when and where your ancestor died. If you don’t know, use the approximate date and place where they lived. <br> | #Discover when and where your ancestor died. If you don’t know, use the approximate date and place where they lived. <br> | ||
#Go to [https://wiki.familysearch.org/en/Yorkshire_Probate_Records#Court_Jurisdictions Court Jurisdictions] section below.<br> | #Go to [https://wiki.familysearch.org/en/Yorkshire_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> | #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> | #Follow the instructions on the jurisdictions table page.<br> | ||
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*[[Prerogative Court of the Archbishop of Canterbury]] | *[[Prerogative Court of the Archbishop of Canterbury]] | ||
In addition, the [[Prerogative Court of the Archbishop of Canterbury]] had jurisdiction over the whole of England and specifically in the following cases.<br> | In addition, the [[Prerogative Court of the Archbishop of Canterbury]] had jurisdiction over the whole of England and specifically in the following cases.<br> | ||
*Wealthy individuals<br> | *Wealthy individuals<br> | ||
*People who owned property in more than one county<br> | *People who owned property in more than one county<br> | ||
*Military and naval personnel<br> | *Military and naval personnel<br> | ||
*People who lived or owned property outside England<br> | *People who lived or owned property outside England<br> | ||
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*[[High Court of Delegates]] | *[[High Court of Delegates]] | ||
The [[Prerogative Court of the Archbishop of Canterbury]] also served as an appeals court.<br><br> | The [[Prerogative Court of the Archbishop of Canterbury]] also served as an appeals court.<br><br> | ||
== Some Explanatory Notes on the Cheshire Courts == | == Some Explanatory Notes on the Cheshire Courts == | ||
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1. Cheshire had no peculiar court jurisdictions in the county. There are several higher probate court jurisdictions which hold concurrent jurisdiction over Chesire. To identify and learn about these courts and their records, click on the "Cheshire Probate Courts" links above. | 1. Cheshire had no peculiar court jurisdictions in the county. There are several higher probate court jurisdictions which hold concurrent jurisdiction over Chesire. To identify and learn about these courts and their records, click on the "Cheshire Probate Courts" links above. | ||
2. The [[Court of the Bishop of Chester (Episcopal Consistory)]] was sub-divided into basically two courts--a higher or what is termed, a "Supra" court and, a lower or "Infra" court. A majority of Cheshire wills and admons were probated in the "Infra" court. <br> | 2. The [[Court of the Bishop of Chester (Episcopal Consistory)]] was sub-divided into basically two courts--a higher or what is termed, a "Supra" court and, a lower or "Infra" court. A majority of Cheshire wills and admons were probated in the "Infra" court. <br> | ||
== Court Jurisdictions by Parish == | == Court Jurisdictions by Parish == | ||
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Before 1858, all of Cheshire was under the primary probate jurisdiction of the Court of the Bishop of Cheshire. Secondary courts are also listed in the table below. When looking for the will of an ancestor in Cheshire, search the courts in the order given. Search indexes first. For an online index to Cheshire wills, click [http://www.cheshire.gov.uk/recordoffice/wills/Home.htm here]. | Before 1858, all of Cheshire was under the primary probate jurisdiction of the Court of the Bishop of Cheshire. Secondary courts are also listed in the table below. When looking for the will of an ancestor in Cheshire, search the courts in the order given. Search indexes first. For an online index to Cheshire wills, click [http://www.cheshire.gov.uk/recordoffice/wills/Home.htm here]. | ||
{| | {| cellspacing="0" cellpadding="5" width="95%" align="center" border="1" | ||
|- | |- | ||
! | ! style="background: rgb(255,222,173); moz-background-clip: -moz-initial; moz-background-origin: -moz-initial; moz-background-inline-policy: -moz-initial" width="15%" | PARISH | ||
! style="background: rgb(255,222,173); moz-background-clip: -moz-initial; moz-background-origin: -moz-initial; moz-background-inline-policy: -moz-initial" width="40%" | PRIMARY COURT | |||
! style="background: rgb(255,222,173); moz-background-clip: -moz-initial; moz-background-origin: -moz-initial; moz-background-inline-policy: -moz-initial" width="40%" | SECONDARY COURTS - IN SEARCH ORDER | |||
|- | |- | ||
| All parishes | | All parishes | ||
| Pre-1541 - [[Court of the Bishop of Lichfield (Episcopal Consistory)]] | | Pre-1541 - [[Court of the Bishop of Lichfield (Episcopal Consistory)]] | ||
Post-1540 - [[Court of the Bishop of Chester (Episcopal Consistory)]] | Post-1540 - [[Court of the Bishop of Chester (Episcopal Consistory)]] | ||
| | | | ||
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4 - [[Court of the Chancery of the Archbishop of York]] | 4 - [[Court of the Chancery of the Archbishop of York]] | ||
5 - [[Prerogative Court of the Archbishop of Canterbury]] | 5 - [[Prerogative Court of the Archbishop of Canterbury]] | ||
|} | |} | ||
<br> | <br> | ||
== Probate Indexes == | == Probate Indexes == | ||
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*[http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=titledetails&titleno=821001&disp=Original+wills%2C+bonds%2C+and+inventori%20%20&columns=*,0,0 Original wills, bonds, and inventories for Chester only, 1492-1858] | *[http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=titledetails&titleno=821001&disp=Original+wills%2C+bonds%2C+and+inventori%20%20&columns=*,0,0 Original wills, bonds, and inventories for Chester only, 1492-1858] | ||
<br> | <br> | ||
== Estate Duty Records == | == Estate Duty Records == | ||
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 you locate a will. For more information, go to the article on [[Estate Duty Records]].<br> | 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 you locate a will. For more information, go to the article on [[Estate Duty Records]].<br> | ||
<br> | <br> | ||
== Probates After 1857 == | == Probates After 1857 == | ||
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]].<br> | 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]].<br> | ||
[[Category:Cheshire]] | [[Category:Cheshire]] | ||