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England Gotoarrow.png Wiltshire

The following article is about probate records in the county of Wiltshire. 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.


Court Jurisdictions by Parish

Before 1858, every town and parish in Wiltshire 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 Wiltshire, see a list of Wiltshire parishes with the pre-1858 courts that had probate jurisdiction over each. Click on the letter for a parish of interest.

 A  B  C  D-G  H-K  L-M  N-R  S  T-V  W-Z


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 Wiltshire 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.

Wiltshire Probate Courts

These courts had some probate jurisdiction in Wiltshire prior to 1858:


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 Online

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

http://history.wiltshire.gov.uk/heritage/index.php

This catalogue gives access to wills and other probate records of the diocese of Salisbury which used to cover not only Wiltshire but also Berkshire (under certain circumstances) and parts of Dorset and Devon. You can search for people by name, place, occupation and date. The collection covers 1540-1858. Searching the catalogue is FREE. In addition there are digital images for some of the documents (just over 25%) which can be viewed following on-line payment or free of charge by people visiting the Wiltshire and Swindon History Centre. Wills and inventories give useful information about people’s financial status and property, and also their family relationships and friendships, which make them a wonderful resource for family and local history.


http://www.genuki.org.uk/big/eng/BRKwills/
This is a collection of about 1000 abstracts of probate documents relating to people residing in the neighbourhood of the towns of Hungerford and Wantage in Berkshire. Since Hungerford is on the County boundary there is some spread into Wiltshire and to a lesser extent into Hampshire and Oxfordshire.
The historical period which is covered is from about 1500 up to the establishment of the Probate Registry for England & Wales in 1858.
Names of all persons mentioned in the abstracts have been indexed and amount to over 6000 references.

Prerogative Court of Canterbury wills (1384 - 1858) [1] 

Probate Indexes

Wills at Salisbury 1464-1858 Contents: v. 122. A-K -- v. 123. K-Z. [2]


Some Explanatory Notes Wiltshire Courts

All prebends of Salisbury Cathedral were inhibited for six months triennially by the Court of the Peculiar of the Dean of Salisbury Cathedral.

The Court of Arches of Canterbury was a court of appeal fo r the province of Canterbury. However, the royal peculiars and the peculiars of the Archbishop were exempt.

The Court of Delegates was also a court of appeal for the provinces of Canterbury and York, including their peculiars, royal peculiars, and the Irish probate 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.

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


 

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