Difference between revisions of "Cumberland Probate Records"

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''[[England]] [[Image:Gotoarrow.png]] [[Cumberland]]''  
 
''[[England]] [[Image:Gotoarrow.png]] [[Cumberland]]''  
  
The following article is about probate records in the county of Cumberland. For general information about English probate records, click [[England Probate Records|here]].  
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== Getting Started  ==
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''Probate'' is the legal court process by which the estate of a deceased person is distributed to his or her heirs. Probate records include [[W genealogical glossary terms|wills]] and [[A genealogical glossary terms|administrations]]. This article is about probate records in Cumberland. See [[England Probate Records]] for a general description of probate records in England.
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=== 1858 to the Present  ===
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Beginning in 1858, the [[Principal Probate Registry|Principal Probate Registry]] had the authority for probating estates. Click on the link to learn more.  
  
== Getting Started ==
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=== Before 1858 ===
 +
 
 +
Before 1858, Church of England ecclesiastical courts had authority for this process. To search for a pre-1858 probate record in Cumberland, follow these steps:
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 +
==== Step 1. Search Indexes  ====
 +
 
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Before looking for a will, you should search a probate index. It will save time and give a reference to finding a copy of a will. A few indexes are mentioned here. Others indexes, especially if they only index the wills for one court, are mentioned on each court page.<br>
  
''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 until to 1858. 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.  
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*[http://www.origins.net/help/aboutNWI-procoll.aspx Index to the Wills Proved in the Consistory Court of Carlisle 1661-1750]. Part of the National Wills Index.
  
To look for a probate record before 1858:<br>  
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Indexes are found in archives and in the Family History Library. Click here to see a list of the library's holdings for {{FHL|506247|subject-id|disp=indexes}} and {{FHL|453504|subject-id|disp=wills}}. Films can be viewed in the library or in a [[Introduction to LDS Family History Centers|family history center]]. <br>  
  
#Discover when and where your ancestor died. If you don’t know, use the approximate date and place where they lived. <br>
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Did you find a reference to a will?
#Go to [https://wiki.familysearch.org/en/Cumberland_Probate_Records#Court_Jurisdictions Court Jurisdictions] section below.<br>
 
#Click a letter or span of letters for your place. This opens a jurisdictions table.<br>
 
#Follow the instructions on the jurisdictions table page.<br>
 
  
== Cumberland Probate Courts  ==
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*If ''yes'', go to '''Step 4''' below.
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*If ''no'', go to '''Step 2''' below.
  
The following ecclesiastical courts had some probate jurisdiction over the county of Cumberland prior to 1858. Click on a court name to learn more about its records, indexes and finding a probate for your ancestor. To determine which court, go to the [https://wiki.familysearch.org/en/Cumberland_Probate_Records#Court_Jurisdictions Court Jurisdictions] section below.<br>
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==== Step 2. Identify when and where your ancestor died  ====
  
*[[Court of the Bishop of Carlisle (Episcopal Consistory)]]
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Determine ''when'' your ancestor died.&nbsp;If you aren't sure, use an approximate date.&nbsp;
*[[Court of the Archdeaconry of Richmond Western Deaneries - Copeland]]
 
*[[Court of the Bishop of Durham (Episcopal Consistory)]]
 
*[[Exchequer and Prerogative Courts of the Archbishop of York]]<br>
 
  
In addition, the [[Prerogative Court of the Archbishop of Canterbury]] had jurisdiction over the whole of England and specifically in the following cases.<br>
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Determine ''where'' your ancestor died. It is easier to find a probate record if you know whether the place where your ancestor lived or died is a [[P genealogical glossary terms|parish]]. To learn whether it is a parish, look it up in a gazetteer. Here is a link to the 1872 ''Imperial Gazetteer of England and Wales'' online:
  
*Wealthy individuals<br>
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*[http://www.visionofbritain.org.uk/descriptions/index.jsp Vision of Britain]
*People who owned property in more than one county<br>
 
*Military and naval personnel<br>
 
*People who lived or owned property outside England<br>
 
  
==== Appeals Courts  ====
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The gazetteer will either tell you:
  
Any probate that was disputed and could not be settled by the county courts could be sent to these higher appeals courts:
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*A place is a parish, or
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*What parish it is a part of, or
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*What place it is near.
  
*[[Court of Arches]]
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If the latter, look that place up in the gazetteer and see if it is a parish.
*[[High Court of Delegates]]
 
  
The [[Prerogative Court of the Archbishop of Canterbury]] also served as an appeals court.  
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Once you have identified the parish, go to '''Step 3'''.  
  
== Some Explanatory Notes on the Cumberland Probate Courts<br> ==
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==== Step 3. Identify court jurisdictions by parish ====
  
The original probate records are housed in one of four record offices in the following cities: Barrow, Kendall, Carlisle, and&nbsp;Whitehaven. Links to these offices are found on the [http://www.cumbria.gov.uk/archives/recordoffices/default.asp Cumbria Archive Service] site.  
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Once you have identified the parish where your ancestor lived or died, learn which courts had jurisdiction over it then search indexes for those courts. Every town and parish in Cumberland fell under the probate jurisdiction of a primary court and several secondary courts. Click on a link below for the letter the parish begins with.<br>
  
== Court Jurisdictions by Parish<br> ==
 
  
Before 1858, every town and parish in Cumberland was under the probate jurisdiction of a primary court and several secondary courts.&nbsp; When searching for the will of an ancestor, find the name of the town or parish where he/she lived in the jurisdictions lists. Go to the list of places by clicking on a letter or series of letters below.<br>
 
  
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== Probate Indexes  ==
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<br>
  
Before looking for a will, you should search a probate index. It will save time and give a reference to finding a copy of a will.<br>
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==== Step 4. Obtain a copy of the probate record  ====
  
==== Online Indexes  ====
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Once you have found an index reference to a will or other probate record, obtain a copy of the record. Do so by one of these methods:
  
[http://www.genuki.org.uk/big/eng/CUL/ProbateRecords/index.html ''Wills of Cumberland: Abstracts of Cumberland Probate Records pre-1858'']&nbsp; contains for several parishes in Cumberland. <br>
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*Visit or contact the record office that has the original records in its collection.
  
==== Printed or Filmed Indexes<br> ====
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*Visit the [https://www.familysearch.org/#form=catalog Family History Library] or a [[Introduction to LDS Family History Centers|family history center and]] obtain a copy of the record on microfilm. For more information, click on a court name below. <br>
  
Indexes are found in archives and in the Family History Library. Click here to see a list of the library's holdings for [http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=topicdetails&subject=506247&subject_disp=England%2C+Cumberland+-+Probate+records+-+Indexes&columns=*,0,0 indexes] and [http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=topicdetails&subject=453504&subject_disp=England%2C+Cumberland+-+Probate+records&columns=*,0,0 wills]. Films can be viewed in the library or in a [http://www.familysearch.org/eng/library/FHC/frameset_fhc.asp family history center]. <br>
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<br>
 +
 
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== Cumberland Probate Courts  ==
  
== Estate Duty Records<br> ==
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The following ecclesiastical courts had some probate jurisdiction over the county of Cumberland prior to 1858. Click on a court name to learn more about its records, indexes and finding a probate for your ancestor. To determine which court, go to the Court_Jurisdictions Court Jurisdictions section above.<br>
  
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]].<br>  
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*[[Court of the Bishop of Carlisle (Episcopal Consistory)]]
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*[[Court of the Archdeaconry of Richmond Western Deaneries - Copeland]]
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*[[Court of the Bishop of Durham (Episcopal Consistory)]]
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*[[Exchequer and Prerogative Courts of the Archbishop of York]]<br>
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*[[Prerogative Court of the Archbishop of Canterbury]] &gt;
  
== Post-1857 Probate Records  ==
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<br>
  
Beginning in 1858, the government took over the&nbsp;settlement of estates and all&nbsp;wills are now probated through the Principal Probate Registry system. For more information, go to [[Principal Probate Registry]].<br>  
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== Some Explanatory Notes on the Cumberland Probate Courts<br> ==
  
<br>
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The original probate records are housed in one of four record offices in the following cities: Barrow, Kendall, Carlisle, and&nbsp;Whitehaven. Links to these offices are found on the [http://www.cumbria.gov.uk/archives/recordoffices/default.asp Cumbria Archive Service] site.
  
{{Place|Cumberland}}  
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{{Place|Cumberland|Probate Records}}
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{{England Probate Records}}
  
[[Category:Cumberland]]
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[[Category:Cumberland|Probate Records]]

Revision as of 15:10, 7 May 2013

England Gotoarrow.png Cumberland

Getting Started

Probate is the legal court process by which the estate of a deceased person is distributed to his or her heirs. Probate records include wills and administrations. This article is about probate records in Cumberland. See England Probate Records for a general description of probate records in England.

1858 to the Present

Beginning in 1858, the Principal Probate Registry had the authority for probating estates. Click on the link to learn more.

Before 1858

Before 1858, Church of England ecclesiastical courts had authority for this process. To search for a pre-1858 probate record in Cumberland, follow these steps:

Step 1. Search Indexes

Before looking for a will, you should search a probate index. It will save time and give a reference to finding a copy of a will. A few indexes are mentioned here. Others indexes, especially if they only index the wills for one court, are mentioned on each court page.

Indexes are found in archives and in the Family History Library. Click here to see a list of the library's holdings for indexes and wills. Films can be viewed in the library or in a family history center.

Did you find a reference to a will?

  • If yes, go to Step 4 below.
  • If no, go to Step 2 below.

Step 2. Identify when and where your ancestor died

Determine when your ancestor died. If you aren't sure, use an approximate date. 

Determine where your ancestor died. It is easier to find a probate record if you know whether the place where your ancestor lived or died is a parish. To learn whether it is a parish, look it up in a gazetteer. Here is a link to the 1872 Imperial Gazetteer of England and Wales online:

The gazetteer will either tell you:

  • A place is a parish, or
  • What parish it is a part of, or
  • What place it is near.

If the latter, look that place up in the gazetteer and see if it is a parish.

Once you have identified the parish, go to Step 3.

Step 3. Identify court jurisdictions by parish

Once you have identified the parish where your ancestor lived or died, learn which courts had jurisdiction over it then search indexes for those courts. Every town and parish in Cumberland fell under the probate jurisdiction of a primary court and several secondary courts. Click on a link below for the letter the parish begins with.


      A  B-C D-H I-N O-T U-Z


Step 4. Obtain a copy of the probate record

Once you have found an index reference to a will or other probate record, obtain a copy of the record. Do so by one of these methods:

  • Visit or contact the record office that has the original records in its collection.


Cumberland Probate Courts

The following ecclesiastical courts had some probate jurisdiction over the county of Cumberland prior to 1858. Click on a court name to learn more about its records, indexes and finding a probate for your ancestor. To determine which court, go to the Court_Jurisdictions Court Jurisdictions section above.


Some Explanatory Notes on the Cumberland Probate Courts

The original probate records are housed in one of four record offices in the following cities: Barrow, Kendall, Carlisle, and Whitehaven. Links to these offices are found on the Cumbria Archive Service site.