Kent Probate Records
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=== Appeals Courts ===
=== Appeals Courts ===
Revision as of 19:23, 21 April 2010
The following article is about probate records in the county of Kent. For general information about English probate records, click here.
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.
Follow these steps to look for a probate record before 1858:
- Discover when and where your ancestor died. If you don’t know, use the approximate date and place where they lived.
- Go to the Court Jurisdictions section below.
- 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.
- Follow the steps at the top of the table to search for a will.
Court Jurisdictions by Parish
Before 1858, every town and parish in Kent was under the probate jurisdiction of a primary court and several secondary courts. To find the will of your ancestor who lived or owned property in Kent, see a list of Kent parishes with the pre-1858 courts that had probate jurisdiction over each. Click on the letter for a parish of interest.
Search the courts in the order given. Search indexes first. For indexes covering more than one court, see below. For court-specific indexes, click on the name of a court above.
If you do not know where in Kent your ancestor lived or owned property, search the indexes to each court if necessary. Lastly, search the index to the Prerogative Court of the Archbishop of Canterbury.
Kent Probate Courts
The following ecclesiastical courts had some probate jurisdiction over the county of Kent prior to 1858. Click on a court name to learn more about its records and indexes and how to find the probate of your ancestor in the court's records.
- Court of the Bishop (Episcopal Consistory) of Canterbury
- Court of the Archdeaconry of Canterbury
- Courts of the Bishop (Episcopal Consistory) and Archdeaconry of Rochester
- Court of the Bishop (Episcopal Consistory) of Chichester for the Archdeaconry of Lewes
- Court of the Bishop (Episcopal Consistory) for Chichester for the Archdeaconry of Chichester
- Court of the Peculiar of the Archbishop of Canterbury in the Deaneries of Arches, Croydon and Shoreham
- Court of the Peculiar of the Rector of Cliffe
- Court of the Exempt Jurisdiction of Wingham
- Court of the Prior and Chapter of Christ Church, Canterbury
- Court of the Bishop (Episcopal Consistory) of London
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
- 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.
Any probate that was disputed and could not be settled by the lower courts could be sent to these higher appeals courts:
The Prerogative Court of the Archbishop of Canterbury was also an appeals court.
Before searching probate records, search indexes.
Indexes on the Internet
Here is a list of indexes on the Internet for the county of Kent. None of the indexes are comprehensive, but they will be added to over time.
Printed indexes to probate records may be available in many locations including English county archives and other record repositories, libraries, and the Family History Library in Salt Lake City.
- To access an English county archive, go to Access to Archives or to GENUKI and search for the archives for Kent or another county of interest.
- For printed indexes that are available through the Family History Library, click on the name of a court above.
Some Explanatory Notes on the Courts in Kent
The Court of the Archdeacon of Canterbury, the Court of the Episcopal consistory of Canterbury, and the Court of the Bishop and the Archdeacon of Rochester technically did not have jurisdiction over the Peculiar of Wingham, the Peculiar of the Archbishop of Canterbury, and the Episcopal Consistory and Archdeaconry of Rochester, but as the larger courts of original jurisdiction in the county, they will often contain probate records of persons who resided in the other jurisdictions.
The Commissary-General of the Archbishop of Canterbury was the judge of the Court of the Bishop (Episcopal Consistory) of Canterbury. He exercised probate jurisdiction within the diocese of Canterbury, and he also exercised the Archbishop’s prerogative throughout the diocese. Therefore, records of probate that would have normally gone through the Archbishop's court, will be found in the records of the Court of the Bishop of Canterbury, particularly before 1759.
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.