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* Omit the name of the eldest son who received his inheritance according to law, others who previously received their inheritance, or deceased family members. | * Omit the name of the eldest son who received his inheritance according to law, others who previously received their inheritance, or deceased family members. | ||
* Mention children who are from a spouse’s previous marriage. | * Mention children who are from a spouse’s previous marriage. | ||
* Mention a spouse who is not the parent of the children named.<br | * Mention a spouse who is not the parent of the children named.<br><br> | ||
=== Types of Probate Records === | === Types of Probate Records === | ||
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'''Inventory.''' An inventory lists belongings and their values, including such items as household goods, tools, and personal items. Occupations are often mentioned. | '''Inventory.''' An inventory lists belongings and their values, including such items as household goods, tools, and personal items. Occupations are often mentioned. | ||
'''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.<br | '''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.<br><br> | ||
=== Laws and Customs === | === Laws and Customs === | ||
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Usually the location of the deceased property determined which court had jurisdiction (see "Determining the Court" in this section). The probate process began by presenting the will to the court. The court recorded a probate act authorizing executors to carry out the wills provisions. The original will was endorsed and filed in the court’s records. A handwritten copy was given to the executors. (Before 1600 the executors may have received the original.) The clerk may also have copied the will into a book of registered wills. | Usually the location of the deceased property determined which court had jurisdiction (see "Determining the Court" in this section). The probate process began by presenting the will to the court. The court recorded a probate act authorizing executors to carry out the wills provisions. The original will was endorsed and filed in the court’s records. A handwritten copy was given to the executors. (Before 1600 the executors may have received the original.) The clerk may also have copied the will into a book of registered wills. | ||
If a person did not agree with how the court handled the will, he or she 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 took place anytime after the person died sometimes many years later.<br | If a person did not agree with how the court handled the will, he or she 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 took place anytime after the person died sometimes many years later.<br><br> | ||
== Pre-1858 Probate Courts == | == Pre-1858 Probate Courts == | ||
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If a court’s decision was disputed, additional records may be found among later records of the same court or in any court of higher jurisdiction. Decisions made in the diocesan and arch deaconry courts in Wales could be appealed to the Prerogative Court of Canterbury and then to the Court of Arches (of Canterbury). Final appeals from all courts were taken to the Pope until 1533. They were then taken to the Court of Delegates until 1832, after which the Privy Council handled them. | If a court’s decision was disputed, additional records may be found among later records of the same court or in any court of higher jurisdiction. Decisions made in the diocesan and arch deaconry courts in Wales could be appealed to the Prerogative Court of Canterbury and then to the Court of Arches (of Canterbury). Final appeals from all courts were taken to the Pope until 1533. They were then taken to the Court of Delegates until 1832, after which the Privy Council handled them. | ||
Original wills in Wales have survived from 1565, depending on the court where they were probated. The courts have a continuous run of wills from then until 1858, when ecclesiastical probate courts were abolished.<br | Original wills in Wales have survived from 1565, depending on the court where they were probated. The courts have a continuous run of wills from then until 1858, when ecclesiastical probate courts were abolished.<br><br> | ||
== Post-1857 Probate Courts == | == Post-1857 Probate Courts == | ||
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'''Estate Duty Records.''' A national index of estate duty registers makes it possible to search for a probate even when the ancestor’s residence is not known. These indexes contain the names of the testator and the executor(s) and the court which proved the will or administration. The indexes and abstracts are on film in the Family History Library. | '''Estate Duty Records.''' A national index of estate duty registers makes it possible to search for a probate even when the ancestor’s residence is not known. These indexes contain the names of the testator and the executor(s) and the court which proved the will or administration. The indexes and abstracts are on film in the Family History Library. | ||
'''Principal Probate Registry. '''From 1858, all the wills and administrations that were proved in any of the district courts in Wales were indexed in the ''Calendar of the Grants of Probate and Letters of Administration'' made in the Principal Registry (see England and Wales Principal Probate Registry Including: General Index 1858–1957 Principal Registry 1858–1925 District Courts 1858–1925 in this section). The indexes include an abstract of the probate document with the date proved and the name of the court in which it was proved. | '''Principal Probate Registry.'''From 1858, all the wills and administrations that were proved in any of the district courts in Wales were indexed in the ''Calendar of the Grants of Probate and Letters of Administration'' made in the Principal Registry (see England and Wales Principal Probate Registry Including: General Index 1858–1957 Principal Registry 1858–1925 District Courts 1858–1925 in this section). The indexes include an abstract of the probate document with the date proved and the name of the court in which it was proved. | ||
=== Probate Records at the Family History Library === | === Probate Records at the Family History Library === | ||
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''Hand List of Probate Jurisdictions in Prerogative Court of Canterbury (P.C.C.)'' and ''Filmed and Printed Probate Records Pertaining to Prerogative Court of Canterbury in the Genealogical Society Library''. Salt Lake City, Utah: The Church of Jesus Christ of Latter-day Saints, 1967. (FHL book 942 S2ha vol. 23; film 599220; fiche 6026312.) This work contains call numbers for indexes and probate documents for the Prerogative Court of Canterbury. At the front of this register is a list of printed indexes. These indexes give the testator’s name and place of residence along with the year and folio where the original is located. | ''Hand List of Probate Jurisdictions in Prerogative Court of Canterbury (P.C.C.)'' and ''Filmed and Printed Probate Records Pertaining to Prerogative Court of Canterbury in the Genealogical Society Library''. Salt Lake City, Utah: The Church of Jesus Christ of Latter-day Saints, 1967. (FHL book 942 S2ha vol. 23; film 599220; fiche 6026312.) This work contains call numbers for indexes and probate documents for the Prerogative Court of Canterbury. At the front of this register is a list of printed indexes. These indexes give the testator’s name and place of residence along with the year and folio where the original is located. | ||
''England and Wales Principal Probate Registry Including: General Index 1858–1957 Principal Registry 1858–1925 District Courts 1858–1925.'' Salt Lake City, Utah: The Church of Jesus Christ of Latter-day Saints, 1997. (FHL book Reg 942 S2cp 1997; microfiche 6037050.) | ''England and Wales Principal Probate Registry Including: General Index 1858–1957 Principal Registry 1858–1925 District Courts 1858–1925.'' Salt Lake City, Utah: The Church of Jesus Christ of Latter-day Saints, 1997. (FHL book Reg 942 S2cp 1997; microfiche 6037050.) Contains a list of the microfilm numbers for the indexes and probate documents for the Principal and District courts. | ||
=== Records Not at the Family History Library === | === Records Not at the Family History Library === | ||
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For copies of wills or administrations after 1857 you can write to: | For copies of wills or administrations after 1857 you can write to: | ||
'''York Probate Sub-Registry'''<br | '''York Probate Sub-Registry'''<br>Duncombe Place<br>York YO1 2EA<br>England <br>Internet: http://www.lawontheweb.co.uk/basics/probateoffices.htm | ||
If you choose to visit England, the office location is: | If you choose to visit England, the office location is: | ||
'''Probate Search Rooms'''<br | '''Probate Search Rooms'''<br>First Avenue House<br>42–49 High Holborn<br>London WC1V 6NP <br>Internet: http://www.hmcourts-service.gov.uk/cms/1226.htm | ||
Sometimes solicitors (attorneys) kept will books, copies of wills they had prepared for clients. These books have often found their way into record offices. The books may include wills that were later revoked or never probated. | Sometimes solicitors (attorneys) kept will books, copies of wills they had prepared for clients. These books have often found their way into record offices. The books may include wills that were later revoked or never probated. | ||
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[http://www.archivesnetworkwales.info/cgi-bin/anw/fulldesc_nofr?inst_id=1&coll_id=77933&expand= http://www.archivesnetworkwales.info/cgi-bin/anw/fulldesc_nofr?inst_id=1&coll_id=77933&expand=] | [http://www.archivesnetworkwales.info/cgi-bin/anw/fulldesc_nofr?inst_id=1&coll_id=77933&expand= http://www.archivesnetworkwales.info/cgi-bin/anw/fulldesc_nofr?inst_id=1&coll_id=77933&expand=] | ||
http://www.ukgenealogy.co.uk/favorites/wills-probate.html<br | http://www.ukgenealogy.co.uk/favorites/wills-probate.html<br> | ||
[[Category:Wales]] | |||