Dorset Probate Records

England Dorset

For an explanation of probate records in England, click here.

Getting Started
Probate is the legal court process by which the estate of a deceased person is distributed to his/her heirs.

In order to find a probate record for your ancestor, you must answer two questions:


 * 1) When did your ancestor die?
 * 2) Where did your ancestor live or own property?

A key date is 1858, when probate authority was taken from the ecclesiatical courts of the Church of England and given to the civil government.


 * If your ancestor died before 1858, his/her probate would have been proven by an ecclesiatical court and it is important to know where he/she lived, as that will determine which courts had jurisdiction.
 * If you know where your ancestor lived before 1858, you should go to the Court Jurisdictions section below to determine what courts had jurisdiction over your ancestor's place of residence.
 * Beginning in 1858, probate authority was vested in the Principal Probate Registry system. For more information, scroll to the Post-1857 Probate Records section at the bottom of the page.

Once you have answered the two questions and determined the courts, look for indexes. Indexes will be found on the individual court pages (when you click on a court name) or in the Probate Indexes section below.

Dorset Probate Courts
Most of Dorset was under the pre-1858 probate jurisdiction of the Court of the Archdeaconry of Dorset. The majority of probate searches will be in the records of this court and its superior courts. However, the following courts also had some pre-1858 jurisdiction within the county. Click on a court name to learn about records and indexes.


 * Court of the Bishop of Bristol (Episcopal Consistory, Dorset Division)
 * Court of the Peculiar of Canford Magna and Poole
 * Court of the Prebendal Peculiar of Chardstock and Wambrook
 * Court of the Peculiar of Corfe Castle
 * Court of the Prebendal Peculiar of Fordington
 * Court of the Manor and Liberty of Frampton
 * Court of the Peculiar of Gillingham
 * Court of the Prebendal Peculiar of Lyme Regis and Halstock
 * Court of the Peculiar of Milton Abbas
 * Court of the Prebendal Peculiar of Netherbury
 * Court of the Prebendal Peculiar of Preston
 * Court of the Peculiar of the Dean of Salisbury
 * Court of the Dean and Chapter of Salisbury
 * Court of the Bishop of Salisbury (Episcopal Consistory)
 * Court of the Peculiar of Sturminster Marshall
 * Court of the Peculiar of Wimborne Minster
 * Court of the Prebendal Peculiar of Yetminster

In addition, the Prerogative Court of the Archbishop of Canterbury had jurisdiction over the whole of England. Wealthier individuals, people who owned property in more than one county or lower court's jurisdiction, and Naval personnel often had their estates proven through the Archbishop's court.

Appeals Courts
Any probate that was disputed and could not be settled by the county courts could be sent to these higher appeals courts:


 * Court of Arches
 * High Court of Delegates

The Prerogative Court of the Archbishop of Canterbury also acted as an appeals court.

Some Explanatory Notes on the Dorset Probate Courts
In 1836, the parish of Stockland and the Chapelry of Dalwood were transferred from the Court of the Archdeacon of Dorset to the Court of the Archdeacon of Exeter and were united with Devon. At the same time, the parish of Thornecombe and part of the parish of Axminster were transferred from Devonshire to Dorset with a corresponding change in ecclesiastical jurisdiction.

The Salisbury prebends were inhibited triennually for six months by the Court of the Peculiar of the Dean of Salisbury.

It is known that probate records were kept for Fampton, 1678-1755, and evidently none were proved after this date; however, probates of people in this area may well be found in surrounding courts throughout the period, as well as after 1755.

It is said that Burton Bradstock was independent in probate matters, in which case there may be probate information in the Manorial Records which are still in the custody of the Lord of the Manor.

Court Jurisdictions
Before 1858, every town and parish in Dorset fell under the jurisdiction of a primary probate court and several secondary courts. When looking for the probate of the estate of an ancestor, you should search the primary court first then move on to the secondary courts in the order given. Search indexes first. Indexes are found by clicking on the court name above.

Below is a list of the Dorset parishes beginning with A and the pre-1858 courts that had probate jurisdiction over them.

To see other parishes, click on the letter that begins the parish name.

B, C-D, E-G, H-K, L-M, N-R, S-U, W-Y

1. In the first column, find the place where your ancestor lived. 2. In the second column, click on the court name to learn where to find the records and indexes. 3. If the record isn't found in the primary court, search the records for the secondary courts in the order listed. 4. The last court to search is the Prerogative Court of the Archbishop of Canterbury.

If no will is found, your ancestor may not have left one.

Probate Indexes Online
Before looking for a will, you should search an index.

http://history.wiltshire.gov.uk/heritage/index.php

This covers many parishes and places.

This catalogue gives access to wills and other probate records of the diocese of Salisbury which used to cover not only Wiltshire but also Berkshire (under certain circumstances) and parts of Dorset and Devon. You can search for people by name, place, occupation and date. The collection covers 1540-1858. Searching the catalogue is FREE. In addition there are digital images for some of the documents (just over 25%) which can be viewed following on-line payment or free of charge by people visiting the Wiltshire and Swindon History Centre. Wills and inventories give useful information about people’s financial status and property, and also their family relationships and friendships, which make them a wonderful resource for family and local history.

http://members.iinet.net.au/~suegar/

FOR RECORDS FROM SWANAGE - LANGTON MATRAVERS - WORTH MATRAVERS - STUDLAND - CHURCH KNOWLE

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. Between 1813-1858 estate duty indexes may help locate a will. For more information, go to Estate Duty Records.

Post-1857 Probate Records
Beginning in 1858, the government took over the settlement of estates and all wills are now probated through the Principal Probate Registry system. The system consists of 11 district registry offices and 18 sub-district registries, located throughout England and Wales, and the principal registry office located in London. The records are available through the office of Her Majesty's Courts Service. To learn more, go to the HMCS website.

A country-wide surname index to the records is available, so it is much easier to look for post-1857 wills. The indexes for 1858-1957 and the records for 1858-1925 are available on microfilm at the Family History Library.