10,814
edits
no edit summary
No edit summary |
No edit summary |
||
| Line 14: | Line 14: | ||
To inherit unmovable property such as land, heirs had to prove in court their right to inherit. The records granting these rights are called services of heirs. Records of actual transfers of land are called sasines. You will find more information about these records in the "[[Scotland Land and Property|Land and Property]]" section of this outline. | To inherit unmovable property such as land, heirs had to prove in court their right to inherit. The records granting these rights are called services of heirs. Records of actual transfers of land are called sasines. You will find more information about these records in the "[[Scotland Land and Property|Land and Property]]" section of this outline. | ||
=== Determining the Court === | === Determining the Court === | ||
Before the Scottish Reformation and the establishment of the Presbyterian Church in 1592, confirmation of testaments was the prerogative of Episcopal (bishop’s) courts. Their subordinates, called official or commissariat courts actually carried out the probate function. | Before the Scottish Reformation and the establishment of the Presbyterian Church in 1592, confirmation of testaments was the prerogative of Episcopal (bishop’s) courts. Their subordinates, called official or commissariat courts actually carried out the probate function. | ||
After the reformation in 1560, fifteen commissariats were established by royal authority. The principal commissariat court was in Edinburgh, and it had both local and general jurisdiction. The territorial extent of the commissariat courts paid little attention to county boundaries. | After the reformation in 1560, fifteen commissariats were established by royal authority. The principal commissariat court was in Edinburgh, and it had both local and general jurisdiction. The territorial extent of the commissariat courts paid little attention to county boundaries. | ||
To help you determine which commissariat court had jurisdiction over which parishes and counties, see the following guides: | To help you determine which commissariat court had jurisdiction over which parishes and counties, see the following guides: | ||
''Testaments and Commissariat Records of Scotland.'' Salt Lake City, Utah: Genealogical Society of Utah, 1972. (FHL book 941 P2gs; fiche 6054479.) | ''Testaments and Commissariat Records of Scotland.'' Salt Lake City, Utah: Genealogical Society of Utah, 1972. (FHL book 941 P2gs; fiche 6054479.) | ||
Cecil Sinclair. ''Tracing Your Scottish Ancestors: A Guide to Ancestry Research in the Scottish Record Office''. Edinburgh, Scotland: Her Magesty’s Stationery Office, 1990. (FHL book 941 D27s). | Cecil Sinclair. ''Tracing Your Scottish Ancestors: A Guide to Ancestry Research in the Scottish Record Office''. Edinburgh, Scotland: Her Magesty’s Stationery Office, 1990. (FHL book 941 D27s). | ||
After 1823, testaments were proven by commissariat departments within the sheriff courts. The boundaries of these courts’ | After 1823, testaments were proven by commissariat departments within the sheriff courts. The boundaries of these courts’ jurisdictions are the same as the county boundaries, but the names of the courts are not necessarily the same as the names of the counties. | ||
To determine a court after 1823 you need only know in which county your ancestor lived. You can then use the records of the sheriff court for that county. Lists of the counties and their sheriff courts are found in the guides mentioned previously. | To determine a court after 1823 you need only know in which county your ancestor lived. You can then use the records of the sheriff court for that county. Lists of the counties and their sheriff courts are found in the guides mentioned previously. | ||
In 1876 the commissariats were absorbed by the sheriff courts, which now handle executory matters. | |||
<!-- Tidy found serious XHTML errors --> | |||
=== Finding Probate Records === | === Finding Probate Records === | ||