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{{Cheshire-sidebar}}{{breadcrumb | {{Cheshire-sidebar}} | ||
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| link1=[[England Genealogy|England]] | | link1=[[England Genealogy|England]] | ||
| link2=[[Cheshire Genealogy|Cheshire]] | | link2=[[Cheshire Genealogy|Cheshire]] | ||
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| link5=[[Cheshire_Probate_Records|Probate Records]] | | link5=[[Cheshire_Probate_Records|Probate Records]] | ||
}} | }} | ||
== 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. Probate records include [[W genealogical glossary terms|wills]] and [[A genealogical glossary terms|administrations]]. This article is about probate records in Cheshire. See [[England Probate Records]] for a general description of probate records in England. | ''Probate'' is the legal court process by which the estate of a deceased person is distributed to his or her heirs. Probate records include [[W genealogical glossary terms|wills]] and [[A genealogical glossary terms|administrations]]. This article is about probate records in Cheshire. See [[England Probate Records]] for a general description of probate records in England. | ||
=== 1858 to the Present | ===1858 to the Present=== | ||
Beginning in 1858, the [[Principal Probate Registry|Principal Probate Registry]] had the authority for probating estates. Click on the link to learn more. | Beginning in 1858, the [[Principal Probate Registry|Principal Probate Registry]] had the authority for probating estates. Click on the link to learn more. | ||
==== Online Records ==== | ====Online Records==== | ||
*'''1858-1957''' - {{RecordSearch|2451051|England and Wales, National Index of Wills and Administrations, 1858-1957}} at [https://familysearch.org/search FamilySearch] — index | *'''1858-1957''' - {{RecordSearch|2451051|England and Wales, National Index of Wills and Administrations, 1858-1957}} at [https://familysearch.org/search FamilySearch] — index | ||
=== Before 1858 | ===Before 1858=== | ||
Before 1858, Church of England ecclesiastical courts had authority for this process. To search for a pre-1858 probate record in Cheshire, follow these steps: | Before 1858, Church of England ecclesiastical courts had authority for this process. To search for a pre-1858 probate record in Cheshire, follow these steps: | ||
==== Step 1. Search Indexes | ====Step 1. Search Indexes==== | ||
Cheshire's probate jurisdictions are well-covered with indexes. Follow these steps for accessing some online indexes to probate records that include individuals who lived in Cheshire. Search these indexes first: | Cheshire's probate jurisdictions are well-covered with indexes. Follow these steps for accessing some online indexes to probate records that include individuals who lived in Cheshire. Search these indexes first: | ||
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1. First search each index (see listed below) to help you more quickly find the will, writing down each detail cited in the index entry such as the year (or date of the will or admon), the page or folio number and town or parish listed: | 1. First search each index (see listed below) to help you more quickly find the will, writing down each detail cited in the index entry such as the year (or date of the will or admon), the page or folio number and town or parish listed: | ||
*A comprehensive and county-wide [http:// | *A comprehensive and county-wide [http://databases.cheshirearchives.org.uk/RecordOfficeWillEPayments/search.aspx?ocid=1005 '''Wills index'''] compiled by the Cheshire Record Office. This index covers the years 1492-1940 and contains 130,000 entries. It covers probate documents proved at Chester mainly for the County of Cheshire. | ||
*The following Website specifically covers the parishes of Disley, Lyme Handley; Taxal & Whaley in Cheshire: | *The following Website specifically covers the parishes of Disley, Lyme Handley; Taxal & Whaley in Cheshire: '''http://www.disley.net'''. | ||
*A new and comprehensive {{RecordSearch|1589492|England, Cheshire Probate Records, 1492-1940 }} is now available at [http://www.familysearch.org FamilySearch]. More information at [[England Cheshire Probate Records - FamilySearch Historical Records]] | *A new and comprehensive {{RecordSearch|1589492|England, Cheshire Probate Records, 1492-1940 }} is now available at [http://www.familysearch.org FamilySearch]. More information at [[England Cheshire Probate Records - FamilySearch Historical Records]] | ||
*The original will indexes for the [[Court of the Bishop of Chester (Episcopal Consistory)]] for 1545-1858 are available in print by both the Lancashire & Cheshire Record Society and the Chetham Society. These two large publication series cover both Cheshire and Lancashire counties. They are available at many major archives in the United Kingdom such as at the British Library, and Guildhall Library, London, and other like institutions. The Family History Library likewise has most of these printed indexes in book form and/or on microfilm (see below). | *The original will indexes for the [[Court of the Bishop of Chester (Episcopal Consistory)]] for 1545-1858 are available in print by both the Lancashire & Cheshire Record Society and the Chetham Society. These two large publication series cover both Cheshire and Lancashire counties. They are available at many major archives in the United Kingdom such as at the British Library, and Guildhall Library, London, and other like institutions. The Family History Library likewise has most of these printed indexes in book form and/or on microfilm (see below). | ||
*Original handwritten indexes and calendars to the Probate Acts of Wills and Administrations (Admons) from 1492-1857 were created as the probate records were filed and are found with the records (see below). | *Original handwritten indexes and calendars to the Probate Acts of Wills and Administrations (Admons) from 1492-1857 were created as the probate records were filed and are found with the records (see below). | ||
*The Wills and Inventories a complete transcription 1603 to 1625 of [https://familysearch.org/search/catalog/show?uri=http%3A%2F%2Fcatalog-search-api%3A8080%2Fwww-catalogapi-webservice%2Fitem%2F2078074 The Ancient Parishes of Malpas, Tilston and Shocklack] | *The Wills and Inventories a complete transcription 1603 to 1625 of [https://familysearch.org/search/catalog/show?uri=http%3A%2F%2Fcatalog-search-api%3A8080%2Fwww-catalogapi-webservice%2Fitem%2F2078074 The Ancient Parishes of Malpas, Tilston and Shocklack] | ||
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From an index, did you find a reference to a probate record? | From an index, did you find a reference to a probate record? | ||
*If ''yes'', go to '''Step 3, 4 or 5''' above - any option. | *If ''yes'', go to '''Step 3, 4 or 5''' above - any option. | ||
*If ''no'', go to '''Step 3 '''above to contact the Cheshire Record Office for further information. | *If ''no'', go to '''Step 3 '''above to contact the Cheshire Record Office for further information. | ||
==== Step 2. Identify when and where your ancestor died | ====Step 2. Identify when and where your ancestor died==== | ||
Determine ''when'' your ancestor died. If you are not sure, use an approximate date. | Determine ''when'' your ancestor died. If you are not sure, use an approximate date. | ||
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The gazetteer will either tell you: | The gazetteer will either tell you: | ||
*A place is a parish, or | *A place is a parish, or | ||
*What parish it is a part of, or | *What parish it is a part of, or | ||
*What place it is near. | *What place it is near. | ||
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Once you have identified the parish, go to '''Step 3'''. | Once you have identified the parish, go to '''Step 3'''. | ||
==== Step 3. Cheshire's court jurisdiction | ====Step 3. Cheshire's court jurisdiction ==== | ||
Before 1858, all Cheshire parishes were under the primary probate jurisdiction of the Court of the Bishop of Cheshire (Chester). Secondary courts are also listed in the table below. | Before 1858, all Cheshire parishes were under the primary probate jurisdiction of the Court of the Bishop of Cheshire (Chester). Secondary courts are also listed in the table below. | ||
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Pre-1541 - | Pre-1541 - | ||
*[[Court of the Bishop of Lichfield (Episcopal Consistory)]] | *[[Court of the Bishop of Lichfield (Episcopal Consistory)]] | ||
*[[Prerogative Court of the Archbishop of Canterbury]] | *[[Prerogative Court of the Archbishop of Canterbury]] | ||
Post-1540 - | Post-1540 - | ||
*[[Court of the Bishop of Chester (Episcopal Consistory)]] - the main court jurisdiction | *[[Court of the Bishop of Chester (Episcopal Consistory)]] - the main court jurisdiction | ||
*[[Exchequer and Prerogative Courts of the Archbishop of York]] | *[[Exchequer and Prerogative Courts of the Archbishop of York]] | ||
*[[Court of the Peculiar of the Dean and Chapter of York]] | *[[Court of the Peculiar of the Dean and Chapter of York]] | ||
*[[Court of the Chancery of the Archbishop of York]] | *[[Court of the Chancery of the Archbishop of York]] | ||
*[[Prerogative Court of the Archbishop of Canterbury]] | *[[Prerogative Court of the Archbishop of Canterbury]] | ||
==== Step 4. Obtain a copy of the probate record | ====Step 4. Obtain a copy of the probate record==== | ||
Once you have found an index reference to a probate, obtain a copy of the record. Do so by one of these methods: | Once you have found an index reference to a probate, obtain a copy of the record. Do so by one of these methods: | ||
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*Visit the [https://www.familysearch.org/#form=catalog Family History Library] or a [[Introduction to Family History Centers|family history center]] and obtain a copy of the record on microfilm. For more information, click on a court name below. <br> | *Visit the [https://www.familysearch.org/#form=catalog Family History Library] or a [[Introduction to Family History Centers|family history center]] and obtain a copy of the record on microfilm. For more information, click on a court name below. <br> | ||
== Cheshire Probate Courts | ==Cheshire Probate Courts== | ||
Here is a list (again) of the pre-1858 ecclesiastical courts that had probate jurisdiction over Cheshire. The whole of Cheshire was under the Court of the Bishop of Chester (Episcopal Consistory). However, some parishes also came under concurrent jurisdiction or secondary court jurisdictions such as the Exchequer or Prerogative Courts of the Archbishop of York. Click on a court name to learn more about records. | Here is a list (again) of the pre-1858 ecclesiastical courts that had probate jurisdiction over Cheshire. The whole of Cheshire was under the Court of the Bishop of Chester (Episcopal Consistory). However, some parishes also came under concurrent jurisdiction or secondary court jurisdictions such as the Exchequer or Prerogative Courts of the Archbishop of York. Click on a court name to learn more about records. | ||
*[[Court of the Bishop of Chester (Episcopal Consistory)]] | *[[Court of the Bishop of Chester (Episcopal Consistory)]] | ||
*[[Exchequer and Prerogative Courts of the Archbishop of York]] | *[[Exchequer and Prerogative Courts of the Archbishop of York]] | ||
*[[Chancery Court of the Archbishop of York]] | *[[Chancery Court of the Archbishop of York]] | ||
*[[Court of the Peculiar of the Dean and Chapter of York]][[Prerogative Court of the Archbishop of Canterbury|<br>]] | *[[Court of the Peculiar of the Dean and Chapter of York]][[Prerogative Court of the Archbishop of Canterbury|<br>]] | ||
*[[Prerogative Court of the Archbishop of Canterbury]] | *[[Prerogative Court of the Archbishop of Canterbury]] | ||
== Some Explanatory Notes on the Cheshire Courts | ==Some Explanatory Notes on the Cheshire Courts== | ||
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. | ||