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*Mention children from a spouse’s previous marriage. | *Mention children from a spouse’s previous marriage. | ||
*Mention a spouse who is not the parent of the children named. | *Mention a spouse who is not the parent of the children named. | ||
== Types of Probate Records == | == Types of Probate Records == | ||
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'''Administration, Letters of Administration, or Admon'''. These refer to a document appointing someone to supervise the estate’s distribution for someone who died "intestate" (without a will). This document gives very little information but may contain some useful clues. The administrator is usually a relative of the deceased. [[Image:Letter_of_Administration.png|left|700px]]<br> | '''Administration, Letters of Administration, or Admon'''. These refer to a document appointing someone to supervise the estate’s distribution for someone who died "intestate" (without a will). This document gives very little information but may contain some useful clues. The administrator is usually a relative of the deceased. [[Image:Letter_of_Administration.png|left|700px]]<br> | ||
'''Admon with Will'''. This record grants administration to someone else when the executor named in the will is deceased or is unwilling or unable to act as executor. A copy of the will is attached. | '''Admon with Will'''. This record grants administration to someone else when the executor named in the will is deceased or is unwilling or unable to act as executor. A copy of the will is attached. | ||
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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. | '''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. | ||
'''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. | '''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. | ||
== General Historical Background == | == General Historical Background == | ||
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'''1858: ''' The Principal Probate Registry, a civil government system, replaced all earlier probate courts. | '''1858: ''' The Principal Probate Registry, a civil government system, replaced all earlier probate courts. | ||
=== Laws and Customs === | === Laws and Customs === | ||
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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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ENGLAND, [COUNTY] - ORPHANS AND ORPHANAGES | ENGLAND, [COUNTY] - ORPHANS AND ORPHANAGES | ||
ENGLAND, [COUNTY], [CITY or PARISH] - ORPHANS AND ORPHANAGES | ENGLAND, [COUNTY], [CITY or PARISH] - ORPHANS AND ORPHANAGES | ||
== Probating a Will == | == Probating a Will == | ||
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If a person did not agree with how the court handled the will, that person could appeal to a higher court. This led to additional documents in the court of appeal, including assignation books (calendars of petitions of appeal, annotated with action taken) and other documents. Unless a complaint was filed, there were usually no further court records. Probating a will could take years, but it was usually completed in a few weeks. | If a person did not agree with how the court handled the will, that person could appeal to a higher court. This led to additional documents in the court of appeal, including assignation books (calendars of petitions of appeal, annotated with action taken) and other documents. Unless a complaint was filed, there were usually no further court records. Probating a will could take years, but it was usually completed in a few weeks. | ||
== Pre-1858 Probate Courts == | == Pre-1858 Probate Courts == | ||
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Ecclesiastical jurisdictions, which help determine the court, are given in Samuel Lewis’s Topographical Dictionary of England (see the "[[England Gazetteers|Gazetteers]]" section of this outline) and Frank Smith’s ''A Genealogical Gazetteer of England''. | Ecclesiastical jurisdictions, which help determine the court, are given in Samuel Lewis’s Topographical Dictionary of England (see the "[[England Gazetteers|Gazetteers]]" section of this outline) and Frank Smith’s ''A Genealogical Gazetteer of England''. | ||
For more information, see 'Indexes' and 'Finding Records in the Family History Library' below. | For more information, see 'Indexes' and 'Finding Records in the Family History Library' below. | ||
== Post-1857 Probate Courts == | == Post-1857 Probate Courts == | ||
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On 11 January 1858, a network of civil courts called 'probate registries' replaced all ecclesiastical probate courts. All wills and administrations are probated at district courts or at a central court in London called the Principal Registry, which received copies of all the district court wills. For more information, see 'Indexes' and 'Finding Records in the Family History Library' below. | On 11 January 1858, a network of civil courts called 'probate registries' replaced all ecclesiastical probate courts. All wills and administrations are probated at district courts or at a central court in London called the Principal Registry, which received copies of all the district court wills. For more information, see 'Indexes' and 'Finding Records in the Family History Library' below. | ||
== Estate Duty Wills and Administrations == | == Estate Duty Wills and Administrations == | ||
Beginning in 1796 a tax was levied on probates of estates valued over £10. Copies of the probate documents were filed with the Estate Duty Office in London when the tax was paid. Various exceptions made over the years on who should pay the duty could have exempted the tax from being paid and a will from being filed. These records are especially helpful for research in the counties of Cornwall, Devon, and Somerset, where local probate records have been destroyed. For more information, see below under 'Indexes' and under 'Finding Records in the Family History Library.' | Beginning in 1796 a tax was levied on probates of estates valued over £10. Copies of the probate documents were filed with the Estate Duty Office in London when the tax was paid. Various exceptions made over the years on who should pay the duty could have exempted the tax from being paid and a will from being filed. These records are especially helpful for research in the counties of Cornwall, Devon, and Somerset, where local probate records have been destroyed. For more information, see below under 'Indexes' and under 'Finding Records in the Family History Library.' | ||
== Locating Probate Records == | == Locating Probate Records == | ||
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*Determine the court or courts that had jurisdiction. | *Determine the court or courts that had jurisdiction. | ||
*Search the indexes and records of the court or courts. | *Search the indexes and records of the court or courts. | ||
== Indexes == | == Indexes == | ||
=== | ===Ecclesiastical Courts (pre 1858)=== | ||
Some court records have published indexes. Others have handwritten indexes filmed with the records. The index is often a "calendar", a list organized by date with a separate section for each letter of the alphabet. Surnames with the same first letter are listed together but are not in alphabetical order. | Some court records have published indexes. Others have handwritten indexes filmed with the records. The index is often a "calendar", a list organized by date with a separate section for each letter of the alphabet. Surnames with the same first letter are listed together but are not in alphabetical order. | ||
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The records of the '''Prerogative Court of Canterbury''', for 1384-1858, are indexed online through the website of the National Archives of the United Kingdom and their feature [http://www.nationalarchives.gov.uk/documentsonline/ DocumentsOnline]. | The records of the '''Prerogative Court of Canterbury''', for 1384-1858, are indexed online through the website of the National Archives of the United Kingdom and their feature [http://www.nationalarchives.gov.uk/documentsonline/ DocumentsOnline]. | ||
Other repositories and organizations, including family history societies, have created and published indexes, some online and some as booklets or on microfiche. For those available in the Family History Library, go to the library's [http://www.familysearch.org/Eng/Library/FHLC/frameset_fhlc.asp catalog] and do a Place search for your county of interest and the topic of Probate Records. | Other repositories and organizations, including family history societies, have created and published indexes, some online and some as booklets or on microfiche. For those available in the Family History Library, go to the library's [http://www.familysearch.org/Eng/Library/FHLC/frameset_fhlc.asp catalog] and do a Place search for your county of interest and the topic of Probate Records. | ||
For links to other online indexes, go to the [http://www.genuki.org.uk/big/eng/ GENUKI] website and click on the links for your county of interest and the topic of Probate Records. | For links to other online indexes, go to the [http://www.genuki.org.uk/big/eng/ GENUKI] website and click on the links for your county of interest and the topic of Probate Records. | ||
=== | ===Principal Probate Registry (1857-1957)=== | ||
National annual indexes to all wills and administrations of the Principal Probate Registry from 1858 to 1957 are on film at the Family History Library. They give the deceased’s full name and last address, death date, probate type and date, and estate value. | National annual indexes to all wills and administrations of the Principal Probate Registry from 1858 to 1957 are on film at the Family History Library. They give the deceased’s full name and last address, death date, probate type and date, and estate value. | ||
Index film numbers are found in the Library's [http://www.familysearch.org/Eng/Library/FHLC/frameset_fhlc.asp catalog]. Do a Place search for England and the topic of Probate Records--Indexes. The record title begins "Calendar of the grants..." | Index film numbers are found in the Library's [http://www.familysearch.org/Eng/Library/FHLC/frameset_fhlc.asp catalog]. Do a Place search for England and the topic of Probate Records--Indexes. The record title begins "Calendar of the grants..." | ||
The films may be viewed at the library or ordered through a [http://www.familysearch.org/Eng/Library/FHC/frameset_fhc.asp family history center]. | The films may be viewed at the library or ordered through a [http://www.familysearch.org/Eng/Library/FHC/frameset_fhc.asp family history center]. | ||
=== | ===Estate Duty Wills=== | ||
Registers from 1796 to 1858 have been indexed. These indexes are useful for locating wills and admons probated between these dates, even if you do not know your ancestor’s residence. Estate duty registers contain the deceased’s name, heirs, and executors as well as the court at which the will was proved. They sometimes include information not given in the original will. | Registers from 1796 to 1858 have been indexed. These indexes are useful for locating wills and admons probated between these dates, even if you do not know your ancestor’s residence. Estate duty registers contain the deceased’s name, heirs, and executors as well as the court at which the will was proved. They sometimes include information not given in the original will. | ||
The indexes are on microfilm at the Family History Library. Go to the library's [http://www.familysearch.org/Eng/Library/FHLC/frameset_fhlc.asp catalog] and do an Author search for "Great Britain. Estate Duty Office." The films may be viewed at the library or ordered through a [http://www.familysearch.org/Eng/Library/FHC/frameset_fhc.asp family history center]. | The indexes are on microfilm at the Family History Library. Go to the library's [http://www.familysearch.org/Eng/Library/FHLC/frameset_fhlc.asp catalog] and do an Author search for "Great Britain. Estate Duty Office." The films may be viewed at the library or ordered through a [http://www.familysearch.org/Eng/Library/FHC/frameset_fhc.asp family history center]. | ||
=== | ===Will Beneficiaries=== | ||
Some estimate that only 5-10% of the population left a will. Those persons named in a will, a beneficiary, account for a much larger portion of the population. A few indexes are being made available that identify the persons mentioned in wills. For a list of know indexes to will beneficiaries '''[[England Will Beneficiary Indexes|read on...]]''' | Some estimate that only 5-10% of the population left a will. Those persons named in a will, a beneficiary, account for a much larger portion of the population. A few indexes are being made available that identify the persons mentioned in wills. For a list of know indexes to will beneficiaries '''[[England Will Beneficiary Indexes|read on...]]''' | ||
== Finding Probate Records at the Family History Library == | == Finding Probate Records at the Family History Library == | ||
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Read the record information and make note of the library call number. If it is on film, click on '''View Film Notes''' to see the film numbers. | Read the record information and make note of the library call number. If it is on film, click on '''View Film Notes''' to see the film numbers. | ||
=== Principal Probate Registry === | === Principal Probate Registry === | ||
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Estate Duty abstracts (1796–1852) for the whole country are also on microfilm. Go to the library [http://www.familysearch.org/eng/Library/FHLC/frameset_fhlc.asp catalog] and do an Author search for "Great Britain. Estate Duty Office." The films may be viewed at the library or ordered through a family history center. | Estate Duty abstracts (1796–1852) for the whole country are also on microfilm. Go to the library [http://www.familysearch.org/eng/Library/FHLC/frameset_fhlc.asp catalog] and do an Author search for "Great Britain. Estate Duty Office." The films may be viewed at the library or ordered through a family history center. | ||
== Records Not at the Family History Library == | == Records Not at the Family History Library == | ||
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'''Probate Search Rooms<br>'''First Avenue House<br>42–49 High Holborn<br>London<br>England<br>Internet:http://yourarchives.nationalarchives.gov.uk/index.php?title=Research_Guide:_Probate_Records | '''Probate Search Rooms<br>'''First Avenue House<br>42–49 High Holborn<br>London<br>England<br>Internet:http://yourarchives.nationalarchives.gov.uk/index.php?title=Research_Guide:_Probate_Records | ||
=== Sources === | === Sources === | ||
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Gibson, J. S. W. ''A Simplified Guide to Probate Jurisdictions: Where to Look for Wills''. Third Edition. Solihull, England: Federation of Family History Societies Publications, Limited, 1985, updated 1988. (FHL book 942 P23g 1985.) This lists probate courts and records with the location of and dates covered by original records. | Gibson, J. S. W. ''A Simplified Guide to Probate Jurisdictions: Where to Look for Wills''. Third Edition. Solihull, England: Federation of Family History Societies Publications, Limited, 1985, updated 1988. (FHL book 942 P23g 1985.) This lists probate courts and records with the location of and dates covered by original records. | ||
Gibson, J. S. W. ''Wills and Where to Find Them''. Chichester, England: Phillimore and Company, Limited, 1974. (FHL book 942 S2gw.) This discusses probates by county with a list of courts, records, and records offices. Includes basic maps and glossary. | Gibson, J. S. W. ''Wills and Where to Find Them''. Chichester, England: Phillimore and Company, Limited, 1974. (FHL book 942 S2gw.) This discusses probates by county with a list of courts, records, and records offices. Includes basic maps and glossary. | ||
== Difficulties in Locating a Pre-1858 Record == | == Difficulties in Locating a Pre-1858 Record == | ||
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To overcome these problems, search the records of all probate courts having jurisdiction over the areas where the individual had property. You may also need to extend your search several years after the individual’s death. | To overcome these problems, search the records of all probate courts having jurisdiction over the areas where the individual had property. You may also need to extend your search several years after the individual’s death. | ||
[[Category:England]] | [[Category:England]] | ||