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[[England|'''England''' ]] | [[England Civil Registration|'''Civil Registration''']] | [[England Census|'''Census''']] | [[England Church Records|'''Church Records''']] |<br> | | ||
[[England|'''England''' ]] | [[England Civil Registration|'''Civil Registration''']] | [[England Census|'''Census''']] | [[England Church Records|'''Church Records''']] |<br> | |||
== 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 guardians, relationships, residences, inventories of the estate (including trade and household goods), and names of witnesses. | [[Image:All Saints' Church, Northallerton8.jpg|thumb|right|195x402px]]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 records are very useful for family historians because: | Probate records are very useful for family historians because: | ||
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'''Act Book'''. An act book contains day-by-day accounts of court actions, usually giving brief details of the probate matters dealt with. In the absence of indexes, these books help locate desired documents. Click [[England Probate Records: Sample of an Act|here]] to see a sample of an Act. | '''Act Book'''. An act book contains day-by-day accounts of court actions, usually giving brief details of the probate matters dealt with. In the absence of indexes, these books help locate desired documents. Click [[England Probate Records: Sample of an Act|here]] to see a sample of an Act. | ||
'''Bond'''. A bond is a written guarantee that a person will faithfully perform the tasks assigned to him by a probate court. The executor posted a testamentary bond, the administrator posted an administration bond, and the guardian of a minor child posted a bond of tuition or curation. Click [[England Probate Records: Sample of a Bond|here]] to see a sample of a Bond. | '''Bond'''. A bond is a written guarantee that a person will faithfully perform the tasks assigned to him by a probate court. The executor posted a testamentary bond, the administrator posted an administration bond, and the guardian of a minor child posted a bond of tuition or curation. Click [[England Probate Records: Sample of a Bond|here]] to see a sample of a Bond. | ||
== General Historical Background == | == General Historical Background == | ||
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Before 1750 heirs often did not prove wills in order to avoid court costs. The will was often kept in case someone later objected to the property’s distribution. As a result, wills were sometimes probated many years after the testator’s death (one was as late as 76 years later). Some archives have collections of unproved wills. Other wills may be among family papers. | Before 1750 heirs often did not prove wills in order to avoid court costs. The will was often kept in case someone later objected to the property’s distribution. As a result, wills were sometimes probated many years after the testator’s death (one was as late as 76 years later). Some archives have collections of unproved wills. Other wills may be among family papers. | ||
Until 1833 real property could be "entailed." This specified how property would be inherited in the future. An entail prevented subsequent inheritors from bequeathing the property to anyone except the heirs specified in the original entail. | Until 1833 real property could be "entailed." This specified how property would be inherited in the future. An entail prevented subsequent inheritors from bequeathing the property to anyone except the heirs specified in the original entail. | ||
==== Guardianship ==== | ==== Guardianship ==== | ||
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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.)<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 [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> | ==== Locating Probate Records<br> ==== | ||
There are three steps to locating probate records. | There are three steps to locating probate records. | ||
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== Principal Probate Registry == | == Principal Probate Registry == | ||
On 12 January 1858, a network of civil courts called ''probate registries'' replaced the ecclesiastical probate courts. Read more about [[Principal Probate Registry]] records. | On 12 January 1858, a network of civil courts called ''probate registries'' replaced the ecclesiastical probate courts. Read more about [[Principal Probate Registry]] records. | ||
== 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. Read more about Death or [[ | 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]]. | ||
{{Place|England}} | {{Place|England}} | ||
[[Category:England|Probate Records]] | [[Category:England|Probate Records]] [[Category:Probate_records_in_England]] | ||
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