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A general explanation of probate records in England, is given in the article England Probate Records.
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 wills, administrations (also called admons), inventories, and act books. The Church of England ecclesiastical courts had authority for this process until to 1858.
Step By Step
1. Search indexes to help you more quickly find the will, writing down each detail given in the index.
2. Go to "Records" below to determine what probate records exist for this court.
3. Obtain the records to search. Use one of these methods to find indexes and records:
- Contact or visit the Archive (see below) or hire a professional record searcher to view these records on your behalf.
- Order microfilm copies of the indexes and records listed in the Family History Library Records (see section below) by visiting the Family History Library or one of its family history centers and search indexes and records.
Printed and Published Indexes
From the Book by David H. Pratt: Researching British Probates 1354-1858 A Guide to the Microfilm Collection of tge Family History Library Volume 1 Northern England/Province of York.
Indexes and Calendars for the Chancery Court of the Archbishop of York pages 174-175.
There is some confusion between the Chancery Court and the Consistory Court of York left no known probate records, it is presumed that any references to it under the subject of probates refer instead to the Chancery Court.
See below the volumes listed 73, 93 and vol 1 1316-1857.
The Family History Library has indexes and calendars, 1427-1857, on film and 1316-1857 in book form 942.74 B4a Vol 73, 93 and 942.74 B2bo Vol 1 pages 39-42. The indexes are not complete for every year. They can be viewed in the library or in one of the family history centers worldwide.
The records of this court are held in the Borthwick Institute of Historical Research.
Family History Library Records
Films can be viewed in the library or in a family history center.
- Wills, admons and inventories, 1427-1858
Any probate that was disputed and could not be settled by the county courts could be sent to these higher appeals courts:
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 locate a will. For more information, go to Estate Duty Records.
There is some confusion between the Chancery Court and the Consistory Court. Since the Consistory Court of York left no known probate records, it is presumed that any references to it under the subject of probates refer to instead to the Chancery Court. Apparently there are no registered copy wills or surviving act books for the Chancery Court of York.
The Chancery Court of York was the appeals court in the province of York.
The court also had jurisdiction during archiepiscopal visitations and over beneficed clergy in the diocese of York. Registered copies of wills and probate acts relating to the beneficed clergy are found in the Archbisops' Registers, 1316-1858; grants of probate and administration are entered in the Chancery act books.
- ↑ Herber, Mark D. "Ancestral Trails: the complete guide to British genealogy and family history." Society of Genealogists, London: Sutton Publishing, 1997, page 454. (FHL book 942 D27hm)
- ↑ Camp, Anthony J. "Wills and Their Whereabouts." London: Self-published, 1974, page 155. (FHL book 942 S2wa; microfiche 6037033)
- This page was last modified on 15 May 2013, at 22:57.
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