Up until January 11, 1858, probate was a matter for one of the ecclesiastical courts of the Church of England. As there were more than 300, this creates research challenges for anyone, and in particular, for those working from a distance.

Understand the System
Without a grasp of the organization of the courts involved, it is difficult to plan a search and keep track of what has been examined. There was a hierarchy—archdeaconry courts, diocesan (consistory courts), archbishops courts (only 2, York and Canterbury), with the Prerogative Court of Canterbury (PCC) the superior court. It is important to know the boundaries of the archdeaconries and dioceses, and the division of England and Wales between the prerogative courts of York and Canterbury. In addition, some small areas known as Peculiars, were outside the usual jurisdictions.

This is not as confusing as it sounds—there are helpful guides and maps to illustrate the boundaries and many explanations of the system's organization. Before beginning any search in probate records, read an account of the courts, what happened when someone died with and without a will (intestate), and where the records are stored. Examine the boundaries in the area of interest and note the names of the courts that had jurisdiction. Recommended titles are: The Phillimore Atlas and Index of Parish Registers (Cecil Humphery-Smith, Phillimore, 2nd ed. 1995); Probate Jurisdictions (J.S.W. Gibson, FFHS, 6th ed. 1996); Ancestral Trails (Mark Herber, GPC, 1997); Your English Ancestry: A Guide for North Americans (Sherry Irvine, Ancestry, 2nd ed. 1998); and PCC Wills and Other Probate Records (Muriel Scott, PRO, 1997).

Where to Begin
Once the decision to search for probate has been made, some thought must be given to a starting point—with the local archdeaconry court and work up to the PCC, or from the PCC down. Several factors need to be considered.

1) The nature of the search, whether for an individual or for all entries of one name over a period of time, and whether restricted to a specific region or spanning the country.

2) The social standing of the individual or family. Wealthier families used the higher courts.

3) The religion of the deceased. Non-conformists were more likely to use the court of the PCC in London.

4) The time period. There was only one central court in London when Oliver Cromwell was in power, 1653-60.

5) If the testator died out of England. For example, sailors dying overseas and owed more than £20 in back pay had their probate handled by the PCC.

6) Access to finding aids. Readily available indexes may be worth searching first, whether or not known facts suggest a different court as the starting point.

There are some other points that have to be kept in mind if nothing results from a search. When a bishop was in an archdeaconry on a visitation, probates were moved up from the archdeacon's court to the diocesan court. Snobbery in some cases, and the place of residence of the executor/executrix in others, meant that some probates were heard outside the expected jurisdiction.

Finding Aids and Indexes
The last point (#6) in the list above is, for the distance researcher, an important one. There are a variety of indexes to the wills and administrations at the PCC from 1383 to 1858 at the Family Records Centre in London and many of these are in the Family History Library in Salt Lake City. Some will be in other reference libraries, and two can be purchased for a reasonable cost. The finding aids that consolidate many years of annual indexes can reduce search time, facilitate surveys, and save money. Five indexes are described here.

1) An Index to Wills Proved in the Prerogative Court of Canterbury, 1750-1800. This was a project of the Society of Genealogists in London. It first appeared in 6 volumes. As they go out of print, new editions appear in microfiche. All 6 will be in this format by early in 1999. It is a fully alphabetical list giving year, full name, place, month and Public Record Office reference. The volumes are available for purchase. The Society also has an index to administrations (where there was no will, or named executors were unable to act) for this period, but it has not been published.

2) Index to the Bank of England Will Extracts 1807-1845. The Bank of England presented its records of bond and stockholders to the Society of Genealogists some years ago. The Society has published on microfiche, the index to the extracts. These were copied from wills that make reference to Government and Bank of England investments. There are more than 31,000 entries, for men and women from all walks of life. The index includes full name, occupation or status, address, year and reference. The records themselves, with some other indexes covering shorter periods of time, are on microfilm in the Family History Library (FHL) in Salt Lake City, as well as at the Society of Genealogists in London.

3) Index to PCC Wills and Administrations 1701-1749. This is a fully alphabetical index to all testators, not just those who prepared a will. It is available for searching at the Public Record Office, Kew and at the Family Records Centre in London.

4) There are printed indexes to wills and administrations for the years up to 1700 (wills, 1383 t0 1700; administrations, 1559 to 1660) most of them in volumes of the British Record Society. These fully alphabetical indexes are on open shelves in the Family Records Centre and on microfilm and microfiche in the Family History Library. A listing of the years covered by each of the volumes is in Probate Jurisdictions (Gibson, 1996). Some university libraries have these on microfiche.

5) Index to Death Duty Registers (DDRs) 1812-1857. Legacy tax was introduced in 1796. The records continue to 1904, but those for 1812 to 1857 are the most important because they capture more individuals and because they cover a period for which only PRO manuscript indexes are available. The index reveals the court where probate was granted and the register shows the final disposition of property. Both resources are on microfilm in the FHL. Unlike the other three indexes, the one for the DDRs includes probates granted in courts other than the PCC. It is not a quick search—the index is year by year, and the names of the testators are grouped by the first letter of the last name.

In Conclusion
Don't rule out the possibility of probate. Humble ancestors and a complex group of records are not good reasons to postpone or skip a probate search. If you take time to understand the system, study the boundaries, and think about the type of search, the next step, accessing the finding aids, at least for the PCC, is easy.

Looking for wills and administrations in the lower ecclesiastical courts is more challenging. Another article will outline the steps involved in a search for probate documents among the records of the archdeacons' and bishops' courts.

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.