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''[[England]] [[Image:Gotoarrow.png]] [[Derbyshire]]''  
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''[[England]] [[Image:Gotoarrow.png]] [[Derbyshire]]''  
 
 
The following article is about probate records in the county of Derbyshire. For general information about English probate records, click [[England Probate Records|here]].
 
 
 
<br>
 
 
 
== Description  ==
 
 
 
''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 [[A genealogical glossary terms|act books]]. 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.
 
 
 
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.
 
 
 
<br>
 
  
 
== Getting Started  ==
 
== Getting Started  ==
  
Follow these steps to look for a probate record before 1858:<br>
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''Probate'' is the legal process by which the estate of a deceased person is distributed to his or her heirs. This article is about probate records in Derbyshire. See [[England Probate Records]] for a general description of probate records in England.
  
#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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=== 1858 to the Present  ===
#Go to the Court Jurisdictions section below.<br>
 
#Click a letter or span of letters for your place. This opens an article showing a table of places and the courts that had jurisdiction over them.<br>
 
#Follow the steps at the top of the table to search for a will.<br><br>
 
  
== Court Jurisdictions by Parish<br>  ==
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Beginning in 1858, the [[Principal Probate Registry]] had the authority for probating estates. Click on the link to learn more.
  
Before 1858, every town and parish in Derbyshire was under the probate jurisdiction of a primary ecclesiastical court and one or more secondary ecclesiastical courts. Most of the county was under the primary jurisdiction of the [[Court of the Bishop of Lichfield (Episcopal Consistory)|Court of the Bishop of Lichfield (Episcopal Consistory)]] and the secondary jurisdiction of the [[Prerogative Court of Canterbury|Prerogative Court of Canterbury]], which also was the highest court in the country.&nbsp; However there were some exceptions.
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=== Before 1858 ===
  
Click [[Derbyshire Probate Jurisdictions Parishes A|here]] for an alphabetical list of the parishes of Derbyshire that were exceptions to the norm, with the pre-1858 courts that had probate jurisdiction over them.
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Before 1858, Church of England ecclesiastical courts had authority for this process.&nbsp;To search for a pre-1858 probate record in Derbyshire, follow these steps:
  
<br>
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==== Step 1. Search indexes  ====
  
== Derbyshire Probate Courts ==
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===== Online Indexes =====
  
Before 1858, probate of estates of deceased persons was handled by ecclesiastical courts of the Church of England. The following ecclesiastical courts had some probate jurisdiction over Derbyshire before 1858:<br>
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Before looking for a will, you should search an index. Here is a list of some indexes. Others will be listed in each court's article.  
  
*[[Court of the Bishop of Lichfield and Coventry (Episcopal Consistory)]]  
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*'''1516-1652''' - A scanned edition of W.P.W. Phillimore's 1892 publication by the British Record Society, ''Calendars of Wills &amp; Administrations in the Consistory court of the bishop of Lichfield and Coventry, 1516-1652, ''is available on [http://books.google.com/books?id=4zYEAAAAIAAJ Google Books]. The&nbsp;publication also includes indexes to probate records of the&nbsp;peculiar courts for Derbyshire, 1753-1790.
*[[Court of the Peculiar of the Dean and Chapter of Lichfield]]  
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*[http://www.genuki.org.uk/big/eng/DBY/ProbateRecords/index.html Abstracts of Derbyshire Probate Records:]  
*[[Court of the Peculiar of Burton upon Trent]]
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*[http://www.derbyshire.gov.uk/leisure/record_office/our_collection/derbyshirewills/ Derbyshire wills for the period 1858-1928 (from the Derbyshire Record Office):]  
*[[Court of the Peculiar of Hartington]]  
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*[http://www.wirksworth.org.uk/WILLS.htm Derbyshire WILLS, 1525-1928] (browse 35,066 Wills and 5,093 different surnames; pertaining to much more than just people from the parish of Wirksworth).
*[[Court of the Peculiar of the Manor of Dale Abbey]]
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*[http://www.wirksworth.org.uk/WAd01.htm Derbyshire Administrations 1858-1873]  
*[[Court of the Peculiar of Peak Forest]]
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*[http://www.pentrich.org.uk/html/wills.html PENTRICH WILLS &amp;&nbsp;PROBATE INDEX] (from the Pentrich Historical Society; also includes entries for people in parishes adjacent to Pentrich).
*[[Court of the Peculiar of Sawley]]
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*An&nbsp;index for 1650-1730 for Derbyshire including almost 19000 probate documents can be found at&nbsp;[http://www.staffsnameindexes.org.uk/ Will and administrations] This index covers most of the county for the Consistory Court of Lichfield.
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*[http://www.historicalresources.myzen.co.uk/ Index to Lichfield Wills to 1546] by Dave Postles
  
In addition, the [[Prerogative Court of the Archbishop of Canterbury]] had jurisdiction over the whole of England, particularly in cases of:
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===== Printed Indexes  =====
  
*Wealthy individuals
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*'''1516-1652''' - A scanned edition of W.P.W. Phillimore's 1892 publication by the British Record Society, ''Calendars of Wills &amp; Administrations in the Consistory court of the bishop of Lichfield and Coventry, 1516-1652, ''is available on [http://books.google.com/books?id=4zYEAAAAIAAJ Google Books]. The&nbsp;publication also includes indexes to probate records of the&nbsp;peculiar courts for Derbyshire, 1753-1790.
*People who owned property in more than one county or court's jurisdiction
 
*Military and Naval personnel
 
*People who lived or owned property outside of England
 
  
==== Appeals Courts  ====
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Early Derbyshire wills proved in the Prerogative Court of Canterbury have been thoroughly abstracted and indexed:
  
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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*''Derbyshire Wills Proved in the Prerogative Court of Canterbury'' [1393-1601], 2 vols. {{FHL|827317|item|disp=FHL Books 942.51 H25de v. 26 and 942.51 H25de v. 31}}
  
*[[Court of Arches]]
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==== Step 2. Identify when and where your ancestor died  ====
*[[High Court of Delegates]]
 
  
The [[Prerogative Court of the Archbishop of Canterbury]] also served as an appeals court.  
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Determine ''when'' your ancestor died. If you&nbsp;aren't sure, use an approximate date.  
  
<br>
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Determine ''where'' your ancestor died. It is easier to find a probate record if you know&nbsp;the parish&nbsp;where your ancestor lived or died. To learn whether the place you have&nbsp;is a parish, look it up in&nbsp;a gazetteer. Here are links to a gazetteer online: <br>  
  
== Probate Indexes and Calendars  ==
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*Vision of Britain<span id="fck_dom_range_temp_1308337250556_132" />
  
Registered wills and original wills, administrations and inventories, 1494-1860, and, act books, 1532-1638 for Diocese of Lichfield Episcopal Consistory Court [http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=titledetails&titleno=309060&disp=Registered+wills+and+original+wills%2C+a%20%20&columns=*,0,0] These are calendars that cover most of county Derby.<br>
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<br>  
  
== Probate Indexes Online  ==
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Once you identified&nbsp;a parish, go to Step 3.
  
Before looking for a will, you should search an index.&nbsp;
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==== Step 3. Identify court jurisdictions by parish  ====
  
A general will index for the Diocese of Lichfield exists online, a scanned edition of P.W. Phillimore's publicationby the British Record Society in 1892,Calendars of wills administrations in the Consistory court of the bishop of Lichfield. This single index consolidates most Staffordshire wills of the various probate court jurisdictions from 1514-1652 for the Diocese of Lichfield and to 1790 for Staffordshire smaller peculiar courts&nbsp; [http://books.google.com/books?hl=en&id=4zYEAAAAIAAJ]
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Once you have identified the parish where your ancestor lived or died, learn which courts had jurisdiction over it. Every town and parish in Derbyshire was under the probate jurisdiction of a primary court and&nbsp;one or more&nbsp;secondary courts. Most of the county of Derbyshire&nbsp;was under the primary jurisdiction of the [[Court of the Bishop of Lichfield and Coventry (Episcopal Consistory)|Court of the Bishop of Lichfield and Coventry (Episcopal Consistory)]] and the secondary jurisdiction of the [[Prerogative Court of Canterbury|Prerogative Court of Canterbury]]. <br>
  
*[http://www.genuki.org.uk/big/eng/DBY/ProbateRecords/index.html Abstracts of Derbyshire Probate Records:]
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However there were exceptions. Click [[Derbyshire Probate Jurisdictions|<u>here</u>]] for an alphabetical list of the parishes of Derbyshire that were exceptions. If you do not find your place in the list of exceptions, then search the records of the above courts by clicking on the name of the court either in the paragraph above or the section below where the court is mentioned.&nbsp; Follow the steps given&nbsp;on the page for the court&nbsp;to find a will that was probated in that court.&nbsp;
*[http://www.derbyshire.gov.uk/leisure/record_office/our_collection/derbyshirewills/ Derbyshire wills for the period 1858-1928 (from the Derbyshire Record Office):]
 
  
*[http://www.wirksworth.org.uk/WILLS.htm Derbyshire WILLS, 1525-1928] (browse 35,066 Wills and 5,093 different surnames; pertaining to much more than just people from the parish of Wirksworth):
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==== Step 4. Obtain a copy of the probate record  ====
  
*[http://www.pentrich.org.uk/html/wills.html PENTRICH WILLS &amp;&nbsp;PROBATE INDEX] (from the Pentrich Historical Society; also includes entries for people in parishes adjacent to Pentrich):
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Once you have found an index reference to a probate, obtain a copy of the record. Do so by one of these methods:  
  
<br>
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*Visit or contact the record office that has the original records in its collection. See [http://www.wirksworth.org.uk/A62-WILL.htm Ordering Wills from the Derbyshire Record Office]
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*Visit the [https://www.familysearch.org/#form=catalog Family History Library] or&nbsp;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>
  
<br>
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== Derbyshire Probate Courts  ==
  
== Estate Duty Records<br> ==
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Here is a list of the courts that had&nbsp;probate jurisdiction over Derbyshire before 1858. For more information, click on a court name.
  
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 you locate a will. For more information, go to [[Estate Duty Records]].<br>
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*[[Court of the Bishop of Lichfield and Coventry (Episcopal Consistory)]]
 +
*[[Court of the Peculiar of the Dean and Chapter of Lichfield]]
 +
*[[Court of the Peculiar of Burton upon Trent]]
 +
*[[Court of the Peculiar of Hartington]]
 +
*[[Court of the Peculiar of the Manor of Dale Abbey]]
 +
*[[Court of the Peculiar of Peak Forest]]
 +
*[[Court of the Peculiar of Sawley]]
 +
*[[Prerogative Court of the Archbishop of Canterbury]]
  
<br>
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== Estate Duty Records  ==
  
== &nbsp;Probates After 1857s  ==
+
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 you locate a will. For more information, go to [[Estate Duty Records]].
  
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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== Probates After 1857  ==
  
<br>
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{{Place|Derbyshire|Probate Records}} {{England Probate Records}}
  
 
[[Category:Derbyshire]]
 
[[Category:Derbyshire]]

Revision as of 15:10, 7 May 2013

England Gotoarrow.png Derbyshire

Getting Started

Probate is the legal process by which the estate of a deceased person is distributed to his or her heirs. This article is about probate records in Derbyshire. 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 Derbyshire, follow these steps:

Step 1. Search indexes

Online Indexes

Before looking for a will, you should search an index. Here is a list of some indexes. Others will be listed in each court's article.

Printed Indexes
  • 1516-1652 - A scanned edition of W.P.W. Phillimore's 1892 publication by the British Record Society, Calendars of Wills & Administrations in the Consistory court of the bishop of Lichfield and Coventry, 1516-1652, is available on Google Books. The publication also includes indexes to probate records of the peculiar courts for Derbyshire, 1753-1790.

Early Derbyshire wills proved in the Prerogative Court of Canterbury have been thoroughly abstracted and indexed:

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 the parish where your ancestor lived or died. To learn whether the place you have is a parish, look it up in a gazetteer. Here are links to a gazetteer online:

  • Vision of Britain


Once you identified a 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. Every town and parish in Derbyshire was under the probate jurisdiction of a primary court and one or more secondary courts. Most of the county of Derbyshire was under the primary jurisdiction of the Court of the Bishop of Lichfield and Coventry (Episcopal Consistory) and the secondary jurisdiction of the Prerogative Court of Canterbury.

However there were exceptions. Click here for an alphabetical list of the parishes of Derbyshire that were exceptions. If you do not find your place in the list of exceptions, then search the records of the above courts by clicking on the name of the court either in the paragraph above or the section below where the court is mentioned.  Follow the steps given on the page for the court to find a will that was probated in that court. 

Step 4. Obtain a copy of the probate record

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

Derbyshire Probate Courts

Here is a list of the courts that had probate jurisdiction over Derbyshire before 1858. For more information, click on a court name.

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. Estate duty indexes may help you locate a will. For more information, go to Estate Duty Records.

Probates After 1857