Basics on probate records
Background
A will is a legal document that sets out a person's wishes for the disposal of their personal belongings and real estate after their death.
From a genealogical point of view a will can be extremely important as it can not only set out in very clear terms the property and possessions of an individual, but can give a good indication of relationships within families. For example, daughters are often identified by their married name; cousins, siblings and grandchildren are often left bequests; and property can be described in some detail.
Researchers must bear in mind, however, that only a small proportion of family members may have left wills and that in some cases they will simply leave all of the estate to a surviving husband or wife.
New South Wales and how SAG can help
Wills in New South Wales are administered by the Probate division of the Supreme Court. Indexes to wills proved are widely available on microfiche for the period 1800-1985 and copies are held by SAG. Up to 1900 there is one consolidated index, but after this time the researcher needs to check a series of microfiche to ensure that the complete index has been searched.
The index shows the name of the deceased, the place of residence and the full date of death. The probate reference file number is also given; as well as an indication as to whether the file contains a will for which probate has been granted (P), or whether an administration (A) has been granted by the court. Administrations (officially Letters of Administration and often abbreviated to Admon) normally contain only a brief statement of how the estate has been disposed of by the court or administrator and cannot be expected to contain detailed information of genealogical interest.
SAG holds copies of wills proved in NSW up to 1900 on microfilm and copies can be made. Copies of later wills can be obtained from the Probate Registry of the Supreme Court, Queen's Square, Sydney for the prescribed fee.
State Records also holds the series of Probate Packets at its Western Sydney Records Centre. This packet of documents normally contains the original will, as well as other supporting material concerning the administration of an estate. For further details see Archives In Brief leaflet No. 84 on the State Records website.
Other series of records of interest include the Deceased Estate Files held by State Records for the period 1880-1958. These are the papers prepared by the Stamp Duties Office for the purpose of assessing death duties and can provide extremely useful information about an individual's assets and business dealings. For further information see Archives In Brief No. 29 on the State Records website.
Intestate Estate records should not be overlooked. In many instances people died without a legal will but still had property and assets that the authorities then needed to distribute. An index to the Intestate Estate records (1818-1916) is held on microfilm by SAG (films 3288-3289). The corresponding Case Papers 1821-1913 are held by State Records. Further details are available in Archives In Brief No. 53 on the State Records website.
England and Wales
After 1858
In January 1858 a national system of proving wills and administering estates was introduced in England and Wales. A number of civil probate districts were established, each with a District Probate Registry, with a Principal Probate Registry located in London. In England, the paucity of information contained in national death indexes from 1837 is compensated by the excellent indexing of probate records from 1858.
Annual indexes to wills and administrations are extremely informative. From 1858 to 1870 wills and administrations (people who died without a will) were indexed separately but after that time they are combined in one annual index, which is normally typewritten. Early indexes show at least date and place of death of the deceased, names and occupations of the executors or administrators, date and registry in which the grant of probate was made, and the value of the effects. Some early indexes can also show any relationship of the executors or administrators to the deceased, the occupation of the deceased and usual place of residence if different from the place of death, and in the case of a woman, any husband's name.
Microfiche copies of the indexes have been produced for the period 1858-1943 and are available at SAG. At the Principal Probate Registry in London full indexes are available in book form to 1992; microfiche indexes cover the period 1993-1998 and from 1996 a computer index is available for searching.
Post-1858 wills are obtainable from the Principal Registry of the Family Division at First Avenue House, 42-49 High Holborn, London, WC1V 6NP. The reading room is open Monday-Friday and the indexes can be searched free of charge. Fees apply for the viewing or supply of a will or copy of an administration. SAG runs a Probate Courier service and can obtain these documents on behalf of members for a prescribed fee.
Pre-1858 wills
Prior to 1858 it is much more difficult to locate a will, as probate matters were administered by a series of courts within the Church of England hierarchy. If all property of the deceased was held in one geographical area then the will would normally be proved in the local Archdeacon's court; if property was held in more than one diocese the will had to be proved in the Prerogative Court of the Archbishop of the province, either York or Canterbury. If held in both provinces the will was proven in the court of Canterbury, which also dealt with the estates of people owning property in England or Wales but who died in Scotland, Ireland, at sea or in 'foreign parts'.
The Prerogative Court of Canterbury (PCC) wills have all been indexed and digitised by the National Archives UK. The index is searchable and copies of wills can then be downloaded directly to your computer for a small fee. SAG can obtain copies of wills proved in the Prerogative Court of Canterbury on behalf of members for a prescribed fee.
Prerogative Court of York records are held at the Borthwick Institute in York. Records for lesser courts are generally held in the county record office where the probate was administered. A good starting point is the consolidated catalogue of the holdings of various archives throughout the UK, known as A2A.
There are several excellent guides which may assist researchers to determine where to find pre-1858 wills:-
- Probate Jurisdictions: Where to Look for Wills, Federation of Family History Societies (FFHS), 4th edition (SAG ref: M2/10/Pam.11).
- Wills and Their Whereabouts , by Anthony Camp, 1974 (SAG ref: M2/10/15)
- Basic Facts about Using Wills After 1858 & First Avenue House, by Audrey Collins (FFHS), 1998 (SAG ref: M2/10/Pam.65).
- Wills, Probate and Death Duty Records, Affection defying the power of death, by Jane Cox (FFHS), 1998 (SAG ref: M2/10/Pam.52).