Durham Probate Records

England Durham.

The following article is about probate records in the county of Cumberland. To read general information about English probate records click here.

Getting Started
To probate is the legal court process by which the estate of a deceased person is distributed to his or her heirs. The Church of England ecclesiastical courts had authority for this process prior to 1858. To look for a probate record before this time:

1. Discover when and where your ancestor died. If you don’t know, use the approximate date and place where they lived. 2. Go to a list of courts that had authority over a place. It's called a jurisdictions table. 3. Click a letter or span of letters to see the table. The letters are below in the section called Court Jurisdictions. 4. Start a search in the court named in the first column, labeled Primary Court. 5. Click on the name of a court to learn more about finding and using its records.

Beginning in 1858, authority over probate matters was taken from ecclesiastical courts and put under the civil authority of the Principal Probate Registry. The Post-1857 Probate Records section below contains links to additional information about the records of this court.

Durham Probate Courts
The following single probate court had jurisdiction over County Durham before 1858:


 * Court of the Bishop of Durham (Episcopal Consistory)

If a will is not found in this court, search these additional courts.


 * Exchequer and Prerogative Courts of the Archbishop of York
 * Court of the Peculiar of the Dean and Chapter of York
 * Chancery Court of the Archbishop of York

The Prerogative Court of the Archbishop of Canterbury had jurisdiction over the whole of England. Wealthier individuals, people who owned property in more than one county or lower court's jurisdiction, and Naval personnel often had their estates proven through the Archbishop's court. Search the records of this court after all of the others have been searched.

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

Durham Parishes and Their Probate Jurisdictions
Before 1858, every town and parish in Kent was under the probate jurisdiction of a primary court and several secondary courts. To find the will of your ancestor who lived or owned property in Kent, see a list of Kent parishes with the pre-1858 courts that had probate jurisdiction over each. To see a list of parishes in the county click here. If you do not know where in Durham your ancestor lived or owned property, search the indexes for the court. If not found, search the index to the Prerogative Court of the Archbishop of Canterbury. Be aware that not every person left a will.

Court Jurisdictions
The whole of the county of Durham was under the primary jurisdiction of the Court of the Bishop of Durham also known as the Episcopal Consistory Court of Durham (see above). This court should be searched first when looking for the probate of a deceased person who lived or owned property in County Durham.

The other courts listed above had secondary jurisdiction over County Durham. If you do not find a probate listed in the indexes to the Court of the Bishop of Durham, then you should try the secondary courts.

The last courts to search would be the appeals courts (see the main England Probate Records page for an explanation of the appeals courts).

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


 * Durham and Northumberland probate records, 1527-1857. The planned completion date is summer 2009.

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.

Category: England