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Ancestry Daily News
10/4/2000 - Archive

•  Probate in Ireland, Part 1: From 1858
•  NARA Microfilm Publications 2000

Probate in Ireland, Part 1: From 1858

Editor's Note: This article is the first in a two-part series. Read Part 2.


Books on Irish sources are inclined to tell cautionary tales when it comes to probate records. The reasons are convincing: (1) there were few wills before 1800, (2) the number of people making wills before the late nineteenth century was low, and (3) much was destroyed in the Four Courts Fire of 1922. On the other hand, there are some convincing arguments for checking what is available. One of these is access, and the other is finding exceptions to the norm; it was predominantly the propertied classes that made wills, but sometimes others did too. So, you need to know about probate, and because it is somewhat complex, the topic will be discussed in two parts, the first part focusing on records since 1858.

Probate Record History
Civil courts were established by an act of Parliament in 1857 and began functioning the following year. The long-standing church courts were abolished and replaced with a Principal Probate Registry in Dublin and eleven district registries. The Principal Registry could be used by anyone in the country and took precedence. It also served as the district registry for Dublin and a large area around it—Dublin, Meath, Kildare, Wicklow, and part of Offaly (formerly King's) counties. The other registry names, roughly north to south, were: Londonderry, Belfast, Armagh, Cavan, Ballina, Tuam, Mullingar, Kilkenny, Limerick, Waterford, Cork.

The probate system changed ten years later, and in 1867, an archive for Irish records and manuscripts was established—the Public Record Office of Ireland. The decision was made to transfer probate records to the Public Record Office once the records were twenty years old. Each district registry was to keep will and grant books, into which the original wills and grants of probate had been copied; however, the Public Record Office was to serve as the repository for the books of the Dublin registry.

As a result of these policies and actions, all original documents and all but a few will books for the Principal Probate Registry and the Dublin district, up to the beginning of the 20th century, were lost in the 1922 fire. Original wills and grants were lost for the eleven district registries, but the transcriptions remained and had been retained in regional offices. Today, these transcriptions are kept by the National Archives in Dublin and the Public Record Office of Northern Ireland in Belfast.

Alphabetical Summaries
There is another resource. Every year alphabetical summaries were prepared, properly called the Calendars of the Grants of Probate and Letters of Administration Made in the Principal Registry and in the Several District Registries 1858-1920. For each grant of probate, these volumes show the name, address, and occupation of the deceased; the date of probate and registry; the date and place of death; the name and address of the executor or executrix (or person to whom probate was granted); and the value of the estate. In some instances, relationships are also given. For the period 1858 to 1877, there is a consolidated index. A letter of administration was granted when the deceased had no will (died intestate).

Much of this material has been filmed and deposited in the Family History Library in Salt Lake City. The films can circulate to Family History Centers. The Calendars of Grants of Probate and Letters of Administration are available up to 1920 and can be found in the Family History Library Catalog (FHLC) under Ireland - Probate Records - Indexes. Other probate materials up to the late 19th century are best searched for under the county (Ireland - [county name] - Probate Records). This makes it unnecessary to know the name of the corresponding district registry. The FHLC, through the title of the record and the listing of where it can be found in the catalog, makes it obvious which district the record is in, and the component parts of that district.

The consolidated index for the Calendars of Grants of Probate and Letters of Administration, 1858 to 1877 is on three microfilm reels. Keep in mind that until 1864, wills and administrations were separate, making it necessary to look in two lists for each year.

Modern Searches
A modern search (generally after about 1895) requires a visit to Ireland or the help of an agent in Dublin or Belfast. Straightforward explanations of working on location can be found in Tracing Irish Ancestors (P. Gorry and M. MacConghail, HarperCollins, 1999) and in Tracing Your Ancestors in Northern Ireland (I. Maxwell, The Stationery Office, 1997). Because of the 20-year delay in transfer, wills from 1900 up to the 1980s for Northern Ireland can be consulted at PRONI, and wills for Ireland after 1904 are at the National Archives in Dublin.

Worth Consideration
Probate records are worth considering even if the likelihood of a will seems far-fetched. As long as there is some chance of probate, 20 years of alphabetical Calendars can be searched with three films—a search that would involve about ten films in the indexes to civil deaths. Another bonus is that these probate calendars pre-date the civil death indexes (starting in 1864) by six years. The extra information in the calendars may be the difference in picking out your ancestor from others of the same name, and it may therefore help you obtain the death record as well. If probate occurred at a district registry, then there is an excellent chance of finding a copy of the will.

For those whose Irish ancestors emigrated after about 1840, there is the possibility that a member of the family who was still in Ireland—whether a direct or collateral relation—made a will. Such a document could contain relevant information on family members. So, because of the possibilities, and for reasons of access, it is a good idea to include post-1857 probate records in your Irish research.

Sherry Irvine, CGRS, FSA (Scot) has been researching her British ancestry for thirty years. She founded Interlink Bookshop and Genealogical Services in 1988, and she currently lectures in Canada and the United States and is vice president of the Association of Professional Genealogists. Suggestions for future British genealogy articles can be sent to Sherry Irvine at sherryirvine55@myfamily.com. Sherry will not be able to send personal replies, but she will feature some questions in upcoming issues of the Ancestry Daily News. She also regrets that she is unable to assist with personal research. Sherry is the author of Your Scottish Ancestry: A Guide for North Americans and Your English Ancestry: A Guide for North Americans.


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