Difference between revisions of "Somerset Probate Records"

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''[[England]] [[Image:Gotoarrow.png]] [[Somerset]]''  
 
''[[England]] [[Image:Gotoarrow.png]] [[Somerset]]''  
  
The following article is about probate records in the county of Somerset. For general information about English probate records, click [[England Probate Records|here]].<br>
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== Getting Started  ==
 +
 
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''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 Somerset. For a general description of England probate records, click [[England Probate Records|here]].  
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=== 1858 to the Present  ===
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Beginning in 1858, the [[Principal Probate Registry|Principal Probate Registry]] had the authority for probating estates. Click on the link to learn more.
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 +
=== Before 1858  ===
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Before 1858, Church of England ecclesiastical courts had authority for this process. To search for a pre-1858 probate record in Somerset, follow these steps:
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 +
==== Step 1. Search Indexes  ====
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Here are some online indexes to probate records that include individuals who lived in Somerset. Search these indexes first:
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*[http://www.familyhistoryonline.net/database/SussexFHGprobate.shtml http://www.familyhistoryonline.net/database/SussexFHGprobate.shtml]&nbsp;-- compiled by the Sussex Family History Group which has transcribed the names of 12,300 individuals found in Sussex wills, including testators, executors, beneficiaries or witnesses.&nbsp;The information recorded includes name, date&nbsp;and place.
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*The [http://sussexrecordsociety.org/home2.asp?an=&ap= Sussex Record Society] has&nbsp;published four volumes of indexes to Sussex wills, and these&nbsp;can be viewed on&nbsp;their [http://sussexrecordsociety.org/bwills1.asp?an=&ap= website]. They are arranged by parish then by surname.&nbsp;
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*[http://www.nationalarchives.gov.uk/documentsonline/wills.asp?WT.hp=Wills Prerogative Court of Canterbury wills (1384-1858)].
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Did you find a reference to a probate record?
  
== Description  ==
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*If ''yes'', go to '''Step 4''' below.
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*If ''no'', go to '''Step 2''' below.
  
''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.
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==== Step 2. Identify when and where your ancestor died  ====
  
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><br>
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Determine ''when'' your ancestor died.&nbsp;If you aren't sure, use an approximate date.&nbsp;
  
== Getting Started  ==
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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 1872 ''Imperial Gazetteer of England and Wales'' online:
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*[http://www.visionofbritain.org.uk/descriptions/index.jsp Vision of Britain]
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The gazetteer will either tell you:
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 +
*A place is a parish, or
 +
*What parish it is a part of, or
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*What place it is near.
  
Follow these steps to look for a probate record before 1858:<br>
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If the latter, look that place up in the gazetteer and see if it is a parish.
  
#Discover when and where your ancestor died. If you don’t know, use the approximate date and place where they lived. <br>
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Once you have identified the parish, go to '''Step 3'''.  
#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.<br><br>
 
  
== Court Jurisdictions by Parish ==
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==== Step 3. Identify court jurisdictions by parish ====
  
Before 1858, every town and parish in Somerset was under the probate jurisdiction of a primary ecclesiastical court and&nbsp;one or more secondary ecclesiastical courts.&nbsp; For a list of Somerset places and the ecclesiastical courts that had pre-1858 juridiction over them, click on a letter link:
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Once you have identified the parish where your ancestor lived or died, learn which courts had jurisdiction over it then search indexes for those courts. Every town and parish in Somerset fell under the probate jurisdiction of a primary court and several secondary courts. Click on a link below for the letter the parish begins with.
  
 
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"All probate records of the Diocese of Bath and Wells which had been deposited in the Probate Registry at Exeter were destroyed there in 1942.&nbsp; The records destroyed were those of the Consistory Court of Bath and Wells, the Archdeaconry Courts of Wells and Taunton, the Consistory Courts of the Dean and Chapter and of the Dean [of Wells], the Peculiar Courts of the Precentor, the Chancellor and Sub-Dean of Wells, the Royal Peculiar Court of Ilminister, and the various Prebendary Courts."<ref>Camp, Anthony J., ''Wills and Their Whereabouts,'' London: by the author, 1974. FHL book 942 S2wa, page 116.</ref>  
 
"All probate records of the Diocese of Bath and Wells which had been deposited in the Probate Registry at Exeter were destroyed there in 1942.&nbsp; The records destroyed were those of the Consistory Court of Bath and Wells, the Archdeaconry Courts of Wells and Taunton, the Consistory Courts of the Dean and Chapter and of the Dean [of Wells], the Peculiar Courts of the Precentor, the Chancellor and Sub-Dean of Wells, the Royal Peculiar Court of Ilminister, and the various Prebendary Courts."<ref>Camp, Anthony J., ''Wills and Their Whereabouts,'' London: by the author, 1974. FHL book 942 S2wa, page 116.</ref>  
  
{{reflist}}
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{{reflist}}  
  
 
== Estate Duty Records<br> ==
 
== Estate Duty Records<br> ==
  
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]].
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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]].  
  
 
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== Probates After 1857  ==
 
== Probates After 1857  ==
  
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]].
+
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>
 
<br>

Revision as of 21:21, 27 May 2010

England Gotoarrow.png Somerset

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 Somerset. For a general description of England probate records, click here.

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 Somerset, follow these steps:

Step 1. Search Indexes

Here are some online indexes to probate records that include individuals who lived in Somerset. Search these indexes first:

Did you find a reference to a probate record?

  • If yes, go to Step 4 below.
  • If no, go to Step 2 below.

Step 2. Identify when and where your ancestor died

Determine when your ancestor died. If you aren't 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 1872 Imperial Gazetteer of England and Wales online:

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. Identify court jurisdictions by parish

Once you have identified the parish where your ancestor lived or died, learn which courts had jurisdiction over it then search indexes for those courts. Every town and parish in Somerset fell under the probate jurisdiction of a primary court and several secondary courts. Click on a link below for the letter the parish begins with.

 A  B  C  D  E-J  K-M  N-R  S-T  U-Z


Somerset Probate Courts

The following ecclesiastical courts had some probate jurisdiction over Somerset 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
  • 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

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. Here is a list of published indexes with broad coverage. (Other indexes will be found on the court pages.  Click on the court links above.)

Online Indexes

Here is a list of online indexes.

This site is concerned with family and social history in the Hundred of Frome. This consisted of the parishes of Beckington, Berkley, Cloford, Elm, Frome Selwood, Laverton, Lullington, Marston Bigot, Nunney, Orchardleigh, Rode (Road), Rodden, Standerwick, Wanstrow, Whatley and Woolverton. It also included the adjacent Liberties of East Cranmore, Leigh upon Mendip, Mells and Witham Friary and the Peculiar of Buckland Dinham (see map). 

Information about Somerset Probate Records:


Some Explanatory Notes about the Somerset Probate Courts

"All probate records of the Diocese of Bath and Wells which had been deposited in the Probate Registry at Exeter were destroyed there in 1942.  The records destroyed were those of the Consistory Court of Bath and Wells, the Archdeaconry Courts of Wells and Taunton, the Consistory Courts of the Dean and Chapter and of the Dean [of Wells], the Peculiar Courts of the Precentor, the Chancellor and Sub-Dean of Wells, the Royal Peculiar Court of Ilminister, and the various Prebendary Courts."[1]


  1. Camp, Anthony J., Wills and Their Whereabouts, London: by the author, 1974. FHL book 942 S2wa, page 116.

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.