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.
 +
 
 +
=== 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.
 +
 
 +
=== 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.<br>
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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.
 +
 
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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>
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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.&nbsp;If you aren't sure, use an approximate date.&nbsp;
 +
 
 +
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:
  
== Description  ==
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*[http://www.visionofbritain.org.uk/descriptions/index.jsp Vision of Britain]
  
''Probate'' is the legal court process by which the estate of a deceased person is distributed to his or her heirs. The term ''probate'' refers to a collection of documents, including [[W genealogical glossary terms|wills]], [[A genealogical glossary terms|administrations]] (also called admons), [[I genealogical glossary terms|inventories]], and [[C genealogical glossary terms|codicils]]. The Church of England ecclesiastical courts had authority for this process until to 1858. This article explains about probates and how to get started to search for a will.
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The gazetteer will either tell you:
  
Beginning in 1858, authority over probate matters was taken from ecclesiastical courts and put under the civil authority of the Principal Probate Registry. The '''Probates After 1857'''&nbsp;section below has a link to an article about probates after 1857.
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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.
  
== Getting Started  ==
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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'''.
  
Follow these steps to look for a probate record before 1858:<br>
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==== Step 3. Identify court jurisdictions by parish  ====
  
#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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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>
#Go to the Court Jurisdictions section below.<br>
 
#Click a letter or span of letters for your place. This opens a table showing places and the courts that had jurisdiction over them.<br>
 
#Follow the steps at the top of the table of jurisdictions to search for a will.<br> <br>
 
  
== Court Jurisdictions by Parish  ==
 
  
Before 1858, every town and parish in Cumberland was under the probate jurisdiction of a primary court and several secondary courts.&nbsp; To start a search for a will, click on a letter or series of letters below.<br>
 
  
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<br>  
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<br>
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==== Step 4. Obtain a copy of the probate record  ====
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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:
 +
 
 +
*Visit or contact the record office that has the original records in its collection.
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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>
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<br>
  
 
== Cumberland Probate Courts  ==
 
== 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.<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>
  
 
*[[Court of the Bishop of Carlisle (Episcopal Consistory)]]  
 
*[[Court of the Bishop of Carlisle (Episcopal Consistory)]]  
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*[[Court of the Bishop of Durham (Episcopal Consistory)]]  
 
*[[Court of the Bishop of Durham (Episcopal Consistory)]]  
 
*[[Exchequer and Prerogative Courts of the Archbishop of York]]<br>
 
*[[Exchequer and Prerogative Courts of the Archbishop of York]]<br>
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*[[Prerogative Court of the Archbishop of Canterbury]] &gt;
  
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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<br>
 
 
*Wealthy individuals<br>
 
*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  ====
 
 
 
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]]
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== Some Explanatory Notes on the Cumberland Probate Courts<br> ==
*[[High Court of Delegates]]
 
 
 
The [[Prerogative Court of the Archbishop of Canterbury]] also served as an appeals court.
 
 
 
== Probate 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.<br>
 
 
 
==== Online Indexes  ====
 
 
 
[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>
 
 
 
==== Printed or Filmed Indexes<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>
 
 
 
== Some Explanatory Notes on the Cumberland Probate Courts<br> ==
 
  
 
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.  
 
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.  
  
== Estate Duty Records<br>  ==
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{{Place|Cumberland|Probate Records}}
 
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{{England Probate 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]].<br>
 
 
 
== Probates After 1857  ==
 
 
 
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>
 
 
 
<br>
 
  
[[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.