Sussex Probate Records

England Sussex

For an explanation of 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 ecclesiatical 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. For more information, scroll to the Post-1857 Probate Records section at the bottom of the page.

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.

Sussex Probate Courts
Most of Sussex was under the pre-1858 probate jurisdiction of the Court of the Bishop (Episcopal Consistory) of Chichester for the Archdeaconry of Chichester or the Court of the Bishop (Episcopal Consistory) of Chichester for the Archdeaconry of Lewes. The majority of probate searches will be in the records of these courts and their superior courts. However, the following courts also had some pre-1858 jurisdiction within the county. Click on a court name to learn about records and indexes.


 * Court of the Peculiar of the Exempt Jurisdiction of the Deanery of Battle
 * Court of the Peculiar of the Archbishop of Canterbury for the Exempt Deaneries of Pagham and Tarring
 * Court of the Bishop (Episcopal Consistory) and Archdeaconry of Winchester
 * Court of the Peculiar of the Archbishop of Canterbury for the Exempt Deanery of South Malling
 * Court of the Peculiar of the Dean of Chichester

Court Jurisdictions by Parish
Before 1858, every town and parish in Sussex fell under the probate jurisdiction of a primary court and several secondary courts. When looking for the will of an ancestor, you should search the courts in the order given. Search indexes first. For indexes, click on the court name links above [soon to be constructed].

Here are links to an alphabetical list of Sussex parishes containing a prioritized list of courts with pre-1858 jurisdiction over each. To see which courts to search for probates of persons living in or owning property in particular parish, click on the letter the parish name begins with.

For an authoritative treatise on each Sussex probate courts pre-1858, see Anthony J. Camp's publication, Wills and Their Whereabouts; also available at the Family History Library, book #942 S2wa.

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

http://www.familyhistoryonline.net/database/SussexFHGprobate.shtml

This index by the Sussex Family History Group records 12,300 individuals found in Sussex Wills as Testator, Executor, Beneficiary or Witness. The following information is recorded. • Name – Forenames and surname of individual mentioned in the will

The Susex Records Society has done a great job in putting up many of their index listings including probate. The following is the link to their publications on probate indexes. 

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. Between 1813-1858 estate duty indexes may help locate a will. For more information, go to Estate Duty Records.

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 1858-1925 are available on microfilm at the Family History Library.