Difference between revisions of "Leicestershire Probate Records"

From FamilySearch Wiki
Jump to: navigation, search
(added intro to court jurisdictions section)
(Replaced text to be standard with other articles.)
Line 5: Line 5:
 
== Getting Started  ==
 
== Getting Started  ==
  
Probate is the legal court process by which the estate of a deceased person is distributed to his/her heirs. 
+
''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.
  
In order to find a probate record for your ancestor, you must answer two questions:  
+
To look for a probate record before 1858:<br>
  
#When did your ancestor die?
+
#Discover when and where your ancestor died. If you don’t know, use the approximate date and place where they lived. <br>
#Where did your ancestor live or own property?
+
#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>  
A key date is 1858, when probate authority was taken from the ecclesiatical courts of the Church of England and given to&nbsp;the civil government.&nbsp;
+
#Follow the instructions on the jurisdictions table page.<br>
 
 
*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.&nbsp;
 
*If you know where your ancestor lived before 1858, you should go to the '''Court Jurisdictions'''&nbsp;section below&nbsp;to determine what courts had jurisdiction over your ancestor's place of residence.&nbsp;
 
*Beginning in 1858, probate authority was&nbsp;vested in&nbsp;the '''Principal Probate Registry''' system.&nbsp; 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.<br><br>
 
  
 
== Leicestershire Probate Courts<br> ==
 
== Leicestershire Probate Courts<br> ==

Revision as of 19:28, 26 October 2009

England Gotoarrow.png Leicestershire

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 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.

To look for a probate record before 1858:

  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 Court Jurisdictions section below.
  3. Click a letter or span of letters for your place. This opens a jurisdictions table.
  4. Follow the instructions on the jurisdictions table page.

Leicestershire Probate Courts

Most of Leicestershire was under the pre-1858 probate jurisdiction of the Court of the Archdeaconry of Leicester. The majority of probate searches will be in the records of this court and its superior courts. However, the following smaller courts also had some pre-1858 jurisdiction within the county. Click on a court name to learn about records and indexes.

Some Explanatory Notes About the Leicestershire Probate Courts

The Archdeaconry of Leicester is not technically a superior jurisdiction of the other courts, but as the largest court of original jurisdiction in the county it will often contain probate records of persons who resided in the other jurisdictions.

Since there are no known records for the Court of the Peculiar of Old Dalby, it should be treated as though it belonged to the Court of the Archdeacon of Leicester.

Court Jurisdictions

Before 1858, every town and parish in Leicestershire came under the jurisdiction of a primary probate court and one or more secondary courts. When looking for the pre-1858 will of an ancestor in Leicestershire, you need to determine what courts had jurisdiction over the place where your ancestor died or had property. Click on a link below for the letter your parish of interest begins with and follow the instructions given on the next page.

A    B-F   G-M   N-Z   

If you do not know a parish, search the Court of the Archdeaconry of Leicester.

Online Probate Indexes

Calendars of wills and administrations relating to the county of Leicester, proved in the Archdeaconry Court of Leicester, 1495-1649 : and in the Peculiars of St. Margaret Leicester, Rothley, Groby, Evington, and the unproved wills, etc., previous to 1801.[1]


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.