Return to the Cheshire_Probate_Records page.
For an expanation of probate records in England, click here.
Cheshire Probate Courts
For a explanation of England probate records, click here.
Return to the main Cheshire page.
- Court of the Bishop of Chester (Episcopal Consistory)
- Prerogative Court of the Archbishop of Canterbury
Appeals Courts
Any probate that was disputed and could not be settled by the county courts could be sent to these higher appeals courts:
Historical Background
Probate records of Cheshire, incorporating Cheshire and Lancashire commence from as early as 1474 up to 1857. There are a few Cheshire probate court jurisdictions, some of which hold extensive probate record coverage for these counties and there are a few smaller court jurisdictions called peculiars which only pertain to a small handful of parishes.
If you know in which parish your ancestor may have died or lived, go to the "Cheshire Parishes and Their Probate Jurisdictions" section (below) and search by parish name in order to determine the correct or most likely probate court to search, first.
Next, see the above links to each Cheshire probate court jurisdictions in order to obtain further information for researching in the prime probate court for a will.
If a search in the most likely probate court jurisidiction proves unsuccessful, then search the next court as listed in ranked order, i.e. "no. 2", and etc.
Starting Your Search in Indexes
1. First search each index (see below) to help you more quickly find the will, writing down each detail cited in the indexed entry.
2. Proceed to the "Probate Records of This Court" (below) to determine what original probate records exist for this court.
3. Contact or visit the Chester Record Office, or hire a professional record searcher to view these records on your behalf. Officials may send upon request a list of record searchers.
4. Visit The Family History Library, or, one of its 4,500 satellite family history centers worldwide and search indexes to probate records then with the information obtained from the index[es] you can search more quickly the original wills and admons also on microfilm via any family history center near you.
Probate Indexes
Cheshire's probate jurisdictions are well-covered with indexes; look in this section in each court jurisdiction to find valuable indexes to Cheshire's probate records.
Probate Indexes Online 1492-1940
Before looking for a will, you should search an index.
http://www.cheshire.gov.uk/Recordoffice/Wills/
The index covers the years 1492 - 1940 and contains 130,000 entries. It covers probate documents proved at Chester mainly for Cheshire residents.
Disley, Lyme Handley; Taxal & Whaley in Cheshire
Printed Indexes
Several printed indexes exist for the probate court jurisdictions of Cheshire, but not all. Look in this ("Printed Indexes") section under each Probate court for indexes and the locations for accessing same.
Original Handwritten Indexes
Indexes and calendars to the Probate Acts of Wills and Administrations (Admons) exist from 1492-1857. Calendars are a kind of index (of the first letter of each surname) to the probate records and admons (administrations).
In addition to the calendars, a majority of the original (unregistered) wills and the registered wills are alphabetically arranged for the ________________________court; most are only arranged chronologically, making will searches without indexes, fairly complex and challenging at best and are likewise organized on the microfilmed probates for these courts at the Family History Library.
Microfilmed Indexes at the Family History Library
The Family History Library has many will and admon (Administration) indexes and calendars which are available on microfilm at the Family History Library covering the years as above mentioned 1492-1858. These microfilms may be circulated to any of its 4,500 satellite Family History Centers worldwide. To determine film numbers, go to this Family History Library Catalog [page]
Some Explanatory Notes on the Cheshire Courts
1. Probate research has become more simplified in recent years with the availability of wonderful indexes covering most of Cheshire's probate records.
2. Only four probate courts held concurrent jurisdiction with one another over Cheshire's parishes. The single largest and most likely one to search first is the Consistory Court of the Bishop of Chester.
3. The Consistory Court of the Bishop of Chester is 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.
3. To identify the names of all courts holding jurisdiction over the whole of Cheshire, see the "Cheshire Parishes and Their Probate Jurisdictions" section (below) in order to determine in which probate court jurisdiction to search.
Cheshire Parishes and Their Probate Jurisdictions
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 here.
| PARISH | PRIMARY COURT | SECONDARY COURTS - IN SEARCH ORDER |
|---|---|---|
| All parishes | Pre-1541 - Court of the Bishop of Lichfield(Episcopal Consistory)
Post-1540 - Court of the Bishop of Cheshire (Episcopal Consistory) |
Pre-1541 2 - Prerogative Court of the Archbishop of Canterbury Post-1540 2 - Exchequer and Prerogative Courts of the Archbishop of York 3 - Court of the Peculiar of the Dean and Chapter of York |
Post-1857 Probate Records
Beginning in 1858, the government took over the settlement of estates and all wills are now probated through the Principal Probate Registry system. The system consists of 11 district registry offices and 18 sub-district registries, located throughout England and Wales, and the Principal Registry Office located in London. The records are available through the office of Her Majesty's Courts Service. To learn more, go to the HMCS website.
A country-wide surname index to the records is available, so it is much easier to look for post-1857 wills. The indexes for 1858-1957 and the records for the Principal Registry and the District Registries for 1858-1925 are available on microfilm at the Family History Library.