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The following article is about probate records in the county of Essex. For general information about English probate records, click here.

Contents

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 wills, administrations (also called admons), inventories, and 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 section below has a link to an article about probates after 1857.

Getting Started

Follow these steps 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 the Court Jurisdictions section below.
  3. 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.
  4. Follow the steps at the top of the table to search for a will.

England Gotoarrow.png Essex Gotoarrow.png Essex Probate Records

Court Jurisdictions by Parish

Here are links to an alphabetical list of Essex parishes containing a prioritized list of courts with jurisdiction over each.  To see which courts to search for probates of persons living in or owning property in particular parish, click on the letter the parish name begins with.

Below is a list of Essex parishes beginning with the letter 'B' and the ecclesiastical courts with pre-1858 probate jurisdiction over them.  Once you have identified a court of interest, search indexes.  Search the courts in the order given.  Click on a court name for more information about the court.

To see a list of Essex parishes, click on a letter link:

 A   C   D-F    H-K  L   M-N  O-R  S   T-V  W-Z

Essex Probate Courts

The following ecclesiastical courts had some probate jurisdiction over the county of Essex prior to 1858.  Click on a court name to learn about records and indexes. 

In addition, the Prerogative Court of the Archbishop of Canterbury had jurisdiction over the whole of England and specifically in the following cases.

  • Wealthy individuals
  • People who owned property in more than one county
  • Military and naval personnel
  • People who lived or owned property outside England

Appeals Courts

Any probate that was disputed and could not be settled by the county courts could be sent to these higher appeals courts:

The Prerogative Court of the Archbishop of Canterbury also served as an appeals court.

Probate Indexes

Before looking for a will, you should search an index.

Online Indexes

County-wide general will indexes for Essex County are now available online, making Essex County one of the foremost in facilitating probate research in  England. 

The following two online sites contain significant portions of Essex wills:

  • These indexes overall, are transcriptions to most Essex county wills of the various probate court jurisdictions at

http://linux02.lib.cam.ac.uk/earlscolne/probate/index.htm

  • Essex County Record Office's outstanding wills index from early to 1857 consolidates into one single index, the county's wills.

Always re-visit these websites as new, updated data may periodically be posted online.

Printed Indexes

If the indexes on the Internet do not produce possible wills for your ancestors, look in the published indexes listed here.

The Essex County Record Office compiled and published a complete surname index covering wills and administrations from the first eight Essex County probate court jurisdictions listed above (through the Liberty of Sokens).  The index is available in three volumns at the Family History Library in Salt Lake City:

  • Emmison, F. G., ed.  [Index to] Wills at Chelmsford.  London: s.n., 1961, by the British Record Society.  (FHL book 942 B4b vols. 78, 79 & 84; also on microfilms 0962739 and 0962740, and on microfiche 6073796, 6073797, and 6073802.)

Other printed indexes are found listed on the court pages.  Click on the court name links above.

Some Explanatory Notes on the Courts in Essex

Probate records for the first eight courts listed above are located at the Essex Record Office. The additional four courts' records are located in Greater London-based record offices (click links to view).

Records and indexes for each court are also available in the collection of the Family History Library in Salt Lake City.  Search the Family History Library Catalog for the title of the court or the court as an author. 


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.

Probates After 1857

Beginning in 1858, the government took over the settlement of estates and all wills are now probated through the Principal Probate Registry system. For more information, go to Principal Probate Registry.


 

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