Devon Probate Records

England  Devon

The following article is about probate records in Devonshire. For general information about probate records in England, click here.

Getting Started

Probate is the legal court process by which the estate of a deceased person is distributed to his/her heirs. 

In order to find a probate record for your ancestor, you must answer two questions:

1. When did your ancestor die?
2. Where did your ancestor live or own property?

A key date is 1858, when probate authority was taken from the ecclesiatical courts of the Church of England and given to the civil government. 

• If your ancestor died before 1858, his/her probate would have been proven by an ecclesiastical court and it is important to know where he/she lived, as that will determine which courts had jurisdiction. 
• If you know where your ancestor lived before 1858, you should go to the Court Jurisdictions section below to determine what courts had jurisdiction over your ancestor's place of residence. 
• Beginning in 1858, probate authority was vested in the Principal Probate Registry system.
  

Once you have answered the two questions and determined the courts, look for indexes.  Indexes will be found on the individual court pages (when you click on a court name) or in the Probate Indexes section below.

Devonshire Probate Courts

• Court of the Bishop (Consistory) of the Archdeaconry of Barnstable
• Court of the Archdeaconry of Cornwall
• Court of the Bishop (Consistory) of the Archdeaconry of Exeter
• Court of the Bishop (Consistory) of the Archdeaconry of Totnes
• Court of the Peculiar of the Bishop of Exeter (Episcopal Consistory)
• Peculiar of the Court of the Dean and Chapter of Exeter
• Court of the Peculiar of the Manor of Cockington
  
• Court of the Peculiar of the Manor of Templeton
• Court of the Peculiar of the Custos and College of Vicars Choral in Exeter
• Court of the Peculiar of the Dean of Exeter
• Court of the Archdeaconry of Dorset

Prerogative Court of the Archbishop of Canterbury

In addition, the Prerogative Court of the Archbishop of Canterbury had jurisdiction over the whole of England and specifically in the following cases.

• Wealthier individuals
• People who owned property in more than one county
• Military and naval personnel
• People who lived or owned property outside England

Appeals Courts

Any probate that was disputed and could not be settled by the county courts could be sent to these higher appeals courts:

• Court of Arches
• High Court of Delegates
• Prerogative Court of the Archbishop of Canterbury also served as an appeals court.

Some Explanatory Notes on the Devonshire Courts

Devon Wills and Probate Records contains information about probates and where they are located. Estate Duty Registers should be searched since many of the probate courts were destroyed during World War II.

Court Jurisdictions

Before 1858, every town and parish in Cumberland was under the probate jurisdiction of a primary court and several secondary courts. When searching for the will of an ancestor, find the name of the town or parish where he/she lived in the jurisdictions lists below. Go to the list of places by clicking on a letter or series of letters below.

A

B

C

D-E

F-H

I-K

L-M

N-O

P-R

S

T-V

W-Z

Probate Indexes Online

Before looking for a will, you should search an index. 

• Pre-1858 for CHARDSTOCK and UFFCULME parishes, and a few other wills from other parishes for the diocese of Salisbury that used to cover not only Wiltshire but also part of Berkshire, Dorset and Devon.

• Devon Names in the Calendars of the Prerogative Court of Canterbury Wills 1383-1700

Manuscript Records

The Family History Library has Calendars of wills and administrations relating to the counties of Devon and Cornwall&nbsp;: proved in the Court of the principal registry of the Bishop of Exeter, 1559-1799. And of Devon only, proved in the Court of the Archdeaconry of Exeter, 1540-1799<br>

Olive Moger Collection

A professional genealogist, she abstracted many probate records from most of the Devon courts prior to World War II. The Family History Library has Transcript of Devonshire wills, 1600-1800.

Oswyn Murray's collection

Includes abstracts of probate records from various courts about testators from Devon before the destruction in World War II. The Family History Library has Oswyn Murray collection of wills, abt. 1600-1800

Other collections in the Family History Library

• Index to wills, copies and related papers [of the County of Devon, 1200-1900's
• Devonshire wills, by Charles Worthy
• A calendar of inquisitiones post mortem for Cornwall and Devon, from Henry III to Charles I (1216-1649)
  
• An alphabetical register of divers persons, who by their last wills & grants have given towards the relief of the poor of the county of Devon
  
• Abstracts of wills of the Drew Family, proved in the Court of the Archdeacon of Exeter and other courts, 1550-1891
  

Estate Duty Records

Starting in 1796, a tax or death duty was payable on estates over a certain value. Estate duty abstracts may add considerable information not found elsewhere. Estate duty indexes may help locate a will. For more information, go to Estate Duty Records.

Post-1858 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. For more information, go to Principal Probate Registry.