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''[[England]] [[Image:Gotoarrow.png]] [[Cheshire]]''  
 
''[[England]] [[Image:Gotoarrow.png]] [[Cheshire]]''  
 
The following article is about probate records in the county of Cheshire. 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>
+
''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 Cheshire. 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>
+
=== 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.
+
  
== Court Jurisdictions by&nbsp;Parish  ==
+
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, all of Cheshire was under the primary probate jurisdiction of the Court of the Bishop&nbsp;of&nbsp;Cheshire.&nbsp; Secondary courts are also listed in the table below.&nbsp; When looking for the will of an ancestor in Cheshire, search the courts in the order given.&nbsp; Search indexes first.&nbsp;
+
=== Before 1858 ===
  
{| width="95%" cellspacing="0" cellpadding="5" border="1" align="center"
+
Before 1858, Church of England ecclesiastical courts had authority for this process. To search for a pre-1858 probate record in Cheshire, follow these steps:  
|-
+
! width="15%" style="background: rgb(255, 222, 173) none repeat scroll 0% 0%; -moz-background-clip: -moz-initial; -moz-background-origin: -moz-initial; -moz-background-inline-policy: -moz-initial;" | PARISH
+
! width="40%" style="background: rgb(255, 222, 173) none repeat scroll 0% 0%; -moz-background-clip: -moz-initial; -moz-background-origin: -moz-initial; -moz-background-inline-policy: -moz-initial;" | PRIMARY COURT
+
! width="40%" style="background: rgb(255, 222, 173) none repeat scroll 0% 0%; -moz-background-clip: -moz-initial; -moz-background-origin: -moz-initial; -moz-background-inline-policy: -moz-initial;" | SECONDARY COURTS - IN SEARCH ORDER
+
|-
+
| All parishes
+
| Pre-1541 - [[Court of the Bishop of Lichfield (Episcopal Consistory)]]
+
Post-1540 - [[Court of the Bishop of Chester (Episcopal Consistory)]]
+
  
|
+
==== Step 1. Search Indexes  ====
''Pre-1541''
+
  
2 - [[Prerogative Court of the Archbishop of Canterbury]]
+
Cheshire's probate jurisdictions are well-covered with indexes. Follow these steps for accessing&nbsp;some online indexes to probate records that include individuals who lived in Cheshire. Search these indexes first:
  
''Post-1540''
+
1. First search each index (see listed below) to help you more quickly find the will, writing down each detail cited in the index entry such as the year (or date of the will or admon), the page or folio number and town or parish listed:
  
2 - [[Exchequer and Prerogative Courts of the Archbishop of York]]  
+
*A&nbsp;comprehensive and county-wide [http://archivedatabases.cheshire.gov.uk/RecordOfficeWillEPayments/search.aspx '''Wills index''' ]compiled by the Cheshire Record Office.&nbsp;This index covers the years 1492-1940 and contains 130,000 entries. It covers probate documents proved at Chester mainly for the County of Cheshire.
 +
*The following Website specifically covers the parishes of Disley, Lyme Handley; Taxal &amp; Whaley in Cheshire:&nbsp;[http://www.disley.net '''http://www.disley.net'''].
 +
*A&nbsp;new and comprehensive [https://www.familysearch.org/search/collection/show#uri=http://hr-search-api:8080/searchapi/search/collection/1589492 '''Probate Index for Cheshire'''] is now available at [http://www.familysearch.org www.familysearch.org]. More information at [[England Cheshire Probate Records (FamilySearch Historical Records)]]
 +
*The original will indexes for the [[Court of the Bishop of Chester (Episcopal Consistory)]] for 1545-1858 are available in print by both the Lancashire &amp; Cheshire Record Society and the Chetham Society. These two large publication&nbsp;series&nbsp;cover both Cheshire and&nbsp;Lancashire counties. They&nbsp;are available at many major archives in the United Kingdom such as at the British Library, and Guildhall Library, London, and other like institutions. The Family History Library likewise has most of these printed indexes in book form and/or on microfilm (see below).
 +
*Original handwritten indexes and calendars to the Probate Acts of Wills and Administrations (Admons)&nbsp; from 1492-1857 were created&nbsp;as&nbsp;the probate records were filed and are found with the records (see below).
 +
*The Wills and Inventories a complete transcription 1603 to 1625 of&nbsp;[https://familysearch.org/search/catalog/show?uri=http%3A%2F%2Fcatalog-search-api%3A8080%2Fwww-catalogapi-webservice%2Fitem%2F2078074 The Ancient Parishes of Malpas, Tilston and Shocklack]
  
3 - [[Court of the Peculiar of the Dean and Chapter of York]]
+
2. Click on&nbsp;the court name&nbsp;(i.e. Court of the Bishop of Chester [Episcopal Consistory] below) to&nbsp;learn more about the records.
  
4 - [[Court of the Chancery of the Archbishop of York]][[Prerogative Court of the Archbishop of Canterbury|<br>]]
+
3. Accessibility to the indexes:
  
|}
+
*Contact or visit the [http://www.cheshireeast.gov.uk/leisure_and_culture/record_office.aspx Cheshire Record Office], ''OR'' you may&nbsp;use their [http://www.cheshireeast.gov.uk/leisure,_culture_and_tourism/record_office/research_service.aspx research&nbsp;service] to&nbsp;obtain a copy of a record.
  
<br>
+
4. You can visit the [http://www.familysearch.org/eng/library/FHL/frameset_library.asp Family History Library] which has microfilm copies of original Cheshire probate&nbsp;indexes and calendars&nbsp;for&nbsp;1492-1858.
  
== Cheshire Probate Courts  ==
+
5. You can visit&nbsp;one of the Family History Library's&nbsp;4,500 satellite [[Introduction to LDS Family History Centers|family history centers]] worldwide, and obtain a copy of the probate indexes on microfilm. To determine film numbers go to the [[Family History Library Catalog]],&nbsp;and click&nbsp;"Place", and then type&nbsp;'Cheshire' and click on Probate Records' and 'Probate Records&nbsp;- Indexes'. In particular, see:&nbsp; {{FHL|821001|title-id|disp=Original wills, bonds, and inventories for Chester only, 1492-1858}}
  
Here is a list of the pre-1858 ecclesiastical courts that had some probate jurisdiction over Cheshire.&nbsp; The whole of Cheshire was under the jurisdiction of the Court of the Bishop of Chester (Episcopal Consistory). Click on a court name to learn more about records.
+
From an index, did you find a reference to a probate record?
  
*[[Court of the Bishop of Chester (Episcopal Consistory)]]
+
*If ''yes'', go to '''Step 3, 4 or 5'''&nbsp;above - any option.
*[[Exchequer and Prerogative Courts of the Archbishop of York]]
+
*If ''no'', go to '''Step 3&nbsp;'''above to&nbsp;contact the Cheshire Record Office for further information.
*[[Chancery Court of the Archbishop of York]]
+
*[[Court of the Peculiar of the Dean and Chapter of York]][[Prerogative Court of the Archbishop of Canterbury|<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>
+
==== Step 2. Identify when and where your ancestor died  ====
  
*Wealthy individuals<br>
+
Determine ''when'' your ancestor died.&nbsp;If&nbsp;you are not sure, use an approximate date.&nbsp;
*Interregnum, 1649-1660, because the Prerogative Court was the only court.  
+
*Property in more than one diocese in the Province of Canterbury.
+
*Property in both the Province of Canterbury and Province of York.
+
*People who died outside England, including British citizens and others who held property in England.
+
  
==== Appeals Courts  ====
+
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 1870 ''Imperial Gazetteer of England and Wales'' online:&nbsp;[http://www.visionofbritain.org.uk/descriptions/index.jsp Vision of Britain]
  
Any probate that was disputed and could not be settled by the county courts could be sent to these higher appeals courts:  
+
The gazetteer will either tell you:  
  
*[[Court of Arches]]
+
*A place is a parish, or
*[[High Court of Delegates]]
+
*What parish it is a part of, or
 +
*What place it is near.
  
The [[Prerogative Court of the Archbishop of Canterbury]] also served as an appeals court.<br>
+
If the latter, look that place up in the gazetteer and see if it is a parish.  
  
== Probate Indexes  ==
+
Once you have identified the parish, go to '''Step 3'''.
  
Cheshire's probate jurisdictions are well-covered with indexes.
+
==== Step 3. Cheshire's&nbsp;court jurisdiction&nbsp;  ====
  
=== Starting Your Search in Indexes  ===
+
Before 1858, all of Cheshire was under the primary probate jurisdiction of the Court of the Bishop&nbsp;of&nbsp;Cheshire.&nbsp; Secondary courts are also listed in the table below.&nbsp; When looking for the will of an ancestor in Cheshire, search the courts in the order given.&nbsp; Again, search indexes first.&nbsp;
  
1. First search each index (see below) to help you more quickly find the will, writing down each detail cited in the index entry.
+
Pre-1541 -
  
2. Click on a court name above to&nbsp;learn more about the records.
+
*[[Court of the Bishop of Lichfield (Episcopal Consistory)]]
 +
*[[Prerogative Court of the Archbishop of Canterbury]]
  
3. Contact or visit the [http://www.cheshire.gov.uk/recoff/ Chester Record Office], ''OR'' you may&nbsp;use their [http://www.cheshire.gov.uk/Recordoffice/shop/recoffrequestres.htm research&nbsp;service] to&nbsp;obtain a copy of a record.
+
Post-1540 -
  
4. Visit the [http://www.familysearch.org/eng/library/FHL/frameset_library.asp Family History Library], or one of its 4,500 satellite [http://www.familysearch.org/eng/library/FHC/frameset_fhc.asp family history centers] worldwide, and obtain a copy of the probate record from microfilm.
+
*[[Court of the Bishop of Chester (Episcopal Consistory)]] - the main court jurisdiction
 +
*[[Exchequer and Prerogative Courts of the Archbishop of York]]&nbsp;
 +
*[[Court of the Peculiar of the Dean and Chapter of York]]
 +
*[[Court of the Chancery of the Archbishop of York]]
 +
*[[Prerogative Court of the Archbishop of Canterbury]]
  
==== Probate Indexes Online ====
+
==== Step 4. Obtain a copy of the probate record ====
  
Before looking for a will, search the comprehensive and county-wide [http://www.cheshire.gov.uk/Recordoffice/Wills/ '''Wills index'''] compiled by the Cheshire Record Office.&nbsp;This index covers the years 1492-1940 and contains 130,000 entries. It covers probate documents proved at Chester mainly for the County of Cheshire.
+
Once you have found an index reference to a probate, obtain a copy of the record. Do so by one of these methods:
  
The following Website specifically covers the parishes of Disley, Lyme Handley; Taxal &amp; Whaley in Cheshire: <br>[http://www.disley.net '''http://www.disley.net''']
+
*Visit or contact the record office that has the original records in its collection.
  
A brand new [http://search.labs.familysearch.org/recordsearch/start.html#p=collectionDetails;c=1589492 '''Probate Index for Cheshire'''] is available at Labs.FamilySearch.
+
*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>
  
==== Printed Indexes ====
+
== Cheshire Probate Courts ==
  
The original will indexes for the [[Court of the Bishop of Chester (Episcopal Consistory)]] for 1545-1858 are available in print by both the Lancashire &amp; Cheshire Record Society and the Chetham Society. These two large publication&nbsp;series&nbsp;cover both Cheshire and&nbsp;Lancashire counties. These series are available at many major archives in the United Kingdom such as at the British Library, and Guildhall Library, London, and other like institutions. The Family History Library likewise has most of these printed indexes in book form and/or on microfilm (see below).  
+
Here is a list (again) of the pre-1858 ecclesiastical courts that had&nbsp;probate jurisdiction over Cheshire.&nbsp; The whole of Cheshire was under the Court of the Bishop of Chester (Episcopal Consistory). However, some parishes also came under concurrent jurisdiction or secondary court jurisdictions such as the Exchequer or&nbsp;Prerogative Courts of the Archbishop of York. Click on a court name to learn more about records.  
  
==== Original Handwritten Indexes  ====
+
*[[Court of the Bishop of Chester (Episcopal Consistory)]]
 
+
*[[Exchequer and Prerogative Courts of the Archbishop of York]]
Original handwritten indexes and calendars to the Probate Acts of Wills and Administrations (Admons) exist from 1492-1857, were created&nbsp;as&nbsp;the probate records were filed, and found with the records (see below).
+
*[[Chancery Court of the Archbishop of York]]
 
+
*[[Court of the Peculiar of the Dean and Chapter of York]][[Prerogative Court of the Archbishop of Canterbury|<br>]]  
Calendars are a kind of index (arranged by the first letter of each surname) to the probate records and admons (administrations).
+
*[[Prerogative Court of the Archbishop of Canterbury]]
 
+
==== Microfilmed Indexes and Records at the Family History Library  ====
+
 
+
The [http://www.familysearch.org/eng/library/FHL/frameset_library.asp Family History Library] has copies of Cheshire probate records, indexes and calendars&nbsp;for&nbsp;1492-1858.&nbsp;Microfilmed&nbsp;copies may be circulated to any of its 4,500&nbsp;satellite [http://www.familysearch.org/eng/library/FHC/frameset_fhc.asp family history centers] worldwide. To determine film numbers,&nbsp;go to 'Cheshire - Probate Records' and 'Cheshire - Probate Records&nbsp;- Indexes' in the [http://www.familysearch.org/Eng/Library/FHLC/frameset_fhlc.asp Family History Library Catalog].
+
 
+
In particular, see:
+
 
+
*[http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=titledetails&titleno=821001&disp=Original+wills%2C+bonds%2C+and+inventori%20%20&columns=*,0,0 Original wills, bonds, and inventories for Chester only, 1492-1858]
+
  
 
== Some Explanatory Notes on the Cheshire Courts  ==
 
== Some Explanatory Notes on the Cheshire Courts  ==
Line 121: Line 98:
 
2. The [[Court of the Bishop of Chester (Episcopal Consistory)]] was sub-divided into basically two courts--a higher or what is termed, a "Supra" court and, a lower or "Infra" court. A majority of&nbsp;Cheshire wills and admons were probated in the "Infra" court.  
 
2. The [[Court of the Bishop of Chester (Episcopal Consistory)]] was sub-divided into basically two courts--a higher or what is termed, a "Supra" court and, a lower or "Infra" court. A majority of&nbsp;Cheshire wills and admons were probated in the "Infra" court.  
  
== Estate Duty Records  ==
+
'''A wiki article describing this collection is found at:'''
 
+
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 the article on [[Estate Duty Records]].<br>
+
 
+
<br>
+
  
== &nbsp;Probates After 1857  ==
+
[[England Cheshire Probate Records (FamilySearch Historical Records)|England Cheshire Probate Records (FamilySearch Historical 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>
+
{{Place|Cheshire|Probate Records}}
 +
{{England Probate Records}}
  
 
[[Category:Cheshire]]
 
[[Category:Cheshire]]

Latest revision as of 15:10, 7 May 2013

England Gotoarrow.png Cheshire

Contents

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 Cheshire. 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 Cheshire, follow these steps:

Step 1. Search Indexes

Cheshire's probate jurisdictions are well-covered with indexes. Follow these steps for accessing some online indexes to probate records that include individuals who lived in Cheshire. Search these indexes first:

1. First search each index (see listed below) to help you more quickly find the will, writing down each detail cited in the index entry such as the year (or date of the will or admon), the page or folio number and town or parish listed:

  • A comprehensive and county-wide Wills index compiled by the Cheshire Record Office. This index covers the years 1492-1940 and contains 130,000 entries. It covers probate documents proved at Chester mainly for the County of Cheshire.
  • The following Website specifically covers the parishes of Disley, Lyme Handley; Taxal & Whaley in Cheshire: http://www.disley.net.
  • A new and comprehensive Probate Index for Cheshire is now available at www.familysearch.org. More information at England Cheshire Probate Records (FamilySearch Historical Records)
  • The original will indexes for the Court of the Bishop of Chester (Episcopal Consistory) for 1545-1858 are available in print by both the Lancashire & Cheshire Record Society and the Chetham Society. These two large publication series cover both Cheshire and Lancashire counties. They are available at many major archives in the United Kingdom such as at the British Library, and Guildhall Library, London, and other like institutions. The Family History Library likewise has most of these printed indexes in book form and/or on microfilm (see below).
  • Original handwritten indexes and calendars to the Probate Acts of Wills and Administrations (Admons)  from 1492-1857 were created as the probate records were filed and are found with the records (see below).
  • The Wills and Inventories a complete transcription 1603 to 1625 of The Ancient Parishes of Malpas, Tilston and Shocklack

2. Click on the court name (i.e. Court of the Bishop of Chester [Episcopal Consistory] below) to learn more about the records.

3. Accessibility to the indexes:

4. You can visit the Family History Library which has microfilm copies of original Cheshire probate indexes and calendars for 1492-1858.

5. You can visit one of the Family History Library's 4,500 satellite family history centers worldwide, and obtain a copy of the probate indexes on microfilm. To determine film numbers go to the Family History Library Catalog, and click "Place", and then type 'Cheshire' and click on Probate Records' and 'Probate Records - Indexes'. In particular, see:  Original wills, bonds, and inventories for Chester only, 1492-1858

From an index, did you find a reference to a probate record?

  • If yes, go to Step 3, 4 or 5 above - any option.
  • If no, go to Step 3 above to contact the Cheshire Record Office for further information.

Step 2. Identify when and where your ancestor died

Determine when your ancestor died. If you are not 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 1870 Imperial Gazetteer of England and Wales online: Vision of Britain

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. Cheshire's court jurisdiction 

Before 1858, all of Cheshire was under the primary probate jurisdiction of the Court of the Bishop of Cheshire.  Secondary courts are also listed in the table below.  When looking for the will of an ancestor in Cheshire, search the courts in the order given.  Again, search indexes first. 

Pre-1541 -

Post-1540 -

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:

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

Cheshire Probate Courts

Here is a list (again) of the pre-1858 ecclesiastical courts that had probate jurisdiction over Cheshire.  The whole of Cheshire was under the Court of the Bishop of Chester (Episcopal Consistory). However, some parishes also came under concurrent jurisdiction or secondary court jurisdictions such as the Exchequer or Prerogative Courts of the Archbishop of York. Click on a court name to learn more about records.

Some Explanatory Notes on the Cheshire Courts

1. Cheshire had no peculiar court jurisdictions in the county. There are several higher probate court jurisdictions which hold concurrent jurisdiction over Chesire. To identify and learn about these courts and their records, click on the "Cheshire Probate Courts" links above.

2. The Court of the Bishop of Chester (Episcopal Consistory) was sub-divided into basically two courts--a higher or what is termed, a "Supra" court and, a lower or "Infra" court. A majority of Cheshire wills and admons were probated in the "Infra" court.

A wiki article describing this collection is found at:

England Cheshire Probate Records (FamilySearch Historical Records)


 

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  • This page was last modified on 7 May 2013, at 15:10.
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