Family History - Probate

Family Sources | General Registration | Census Returns | Parish Registers
Nonconformist Registers | Probate | Newspapers | Commercial Directories | Service Records

From 1858, the process of proving a will or of granting letters of administration on the estate of a person who has died intestate has been the responsibility of the state. These records can be searched, using annual indexes, at the Principal Probate Registry, First Avenue House, 42-49 High Holborn, London WC1V 1LP. Copies of probate documents can be obtained for a fee.

Up to 1858, the process of probate was conducted by numerous ecclesiastical or church courts. These ranged from the highest courts in England and Wales, the Prerogative Court of Canterbury (PCC) and of York (PCY), through the courts administered by bishops (consistory or commissary courts), to those of the archdeacons (archdeaconry courts) and a large number of other so-called peculiar courts. The last category included those places which were outside the normal ecclesiastical hierarchy for some historical reason.

The estate of a deceased person was dealt with by the court which had jurisdiction over that geographical area. However, in the case of a dispute, the process of probate may have been passed to a higher court than would normally be responsible for the case. The records of the PCC can be searched at The National Archives. There is also an index to all wills proved by this court from 1383 to 1858 on-line. The records of PCY are to be found at the Borthwick Institute in York. The records of lower courts are to be found in the appropriate diocesan record office. There are calendars or indexes to the records of all courts. These enable a probate document to be found.

Such records, especially the will written by a person distributing his or her treasured possessions, include valuable information about family relationships. These can be used to build up a family tree.

<< Back to Family History