Exchequer and Prerogative Courts of the Archbishop of York

A general explanation of probate records in England, is given in the article England Probate Records.

Description
Probate is the legal court process by which the estate of a deceased person is distributed to his or her heirs. The term probate refers to a collection of documents, including wills, administrations (also called admons), inventories, and act books. The Church of England ecclesiastical courts had authority for this process until to 1858.

Step By Step
1. Search indexes to help you more quickly find the will, writing down each detail given in the index.

2. Go to "Records" below to determine what probate records exist for this court.

3. Obtain the records to search. Use one of these methods to find indexes and records:


 * Contact or visit the Archive (see below) or hire a professional record searcher to view these records on your behalf.
 * The indexes and original records have been digitized and are available at a FamilySearch centre or a FamilySearch affiliate library near you.

Online Indexes
Complete indexes to Yorkshire wills are online from 1267 to 1858.


 * The 'York Medieval Probate Index 1267-1500 is available at findmypast (£).
 * For the period 1501 to 1687, refer to the table below. (Exception, for the period 1653 to 1659, refer also to the Prerogative Court of Canterbury page.)
 * The 'Calendar of Probate Records Taken from the Act Books of the Prerogative Court of York 1688-1731 is available at FamilySearch Digital Library. This is a free site.
 * The 'Exchequer and Prerogative Courts of York Probate Index 1688-1858 is available at findmypast (£).

Indexes to the Exchequer and Prerogative Courts were published by the Yorkshire Archaeological Society. Many of these volumes have been converted to digital books. The following table will help you find these resources online (the pound sign [£] means there is a fee for using the listed website):

Printed and Published Indexes
The indexes and original records have been digitized and are available at a FamilySearch centre or a FamilySearch affiliate library near you.
 * Calendar of probate records taken from the act books of the Prerogative Court of York : 1 December 1688-30 April 1731, and the Deanery of Holderness, 1 December 1688-31 December 1705
 * Calendar of Yorkshire probate records taken from the deanery act books of the exchequer court of York, 1688-1731
 * Index of wills in the York Registry
 * Yorkshire probate index : part one, 1800 to 1803 was compiled by Janet Ogden, Stephen D. Whitwam and Brian Jones.

Archive Location
The original records for this court are in the Borthwick Institute for Historical Research

University of York Heslington York YO10 5DD England Telephone: (0)1904 321166 Email: [mailto:bihr500@york.ac.uk bihr500@york.ac.uk]

Archive Records
Add information about the manuscript, printed and digital records in this location.

FamilySearch Library Records
The indexes and original records have been digitized and are available at a FamilySearch centre or a FamilySearch affiliate library near you:
 * 1389-1858 Wills and administrations, 1389-1858
 * 1502-1858 Wills and administrations of the Deaneries of the York Diocese, 1502-1858
 * 1688-1750 Original wills, etc. of the Exchequer and Prerogative courts, Archbishop of York, 1688-1750 (actually from 1636-1750)
 * 1502-1624 York District Probate Registry : probate act books, 1502-1624
 * 1592-1639 Register of tuitions and curations, 1592-1639. Click to read an explanation of tuitions and curations.
 * 1548-1663 Court books, 1548-1663
 * 1611-1683 Commissions books, 1611-1683
 * 1611-1695 Citation books, 1611-1695
 * 1521-1859 Caveat books, 1521-1859

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
 * Prerogative Court of the Archbishop of Canterbury

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. Estate duty indexes may help locate a will. For more information, go to Estate Duty Records.

Archbishop's Registers
The original registers are held at the Borthwick Institute. They are being digitized, see: York's Archbishops' Registers Revealed.

Jurisdiction
This court's jurisdiction applies to persons with bona notabilia (property worth 5 pounds or more) in more than one diocese within the northern Province of York, which includes all of the dioceses of York, Carlisle, Chester, Sodor and Man (Isle of Man), Durham and Lancaster. If probate records are not found in this court, be certain to search the Court of the Dean and Chapter of York.

The Court of the Exchequer and Prerogative Courts of the Archbishop of York held jurisdiction over the whole of the Province of York, which consisted of the counties of Cheshire, Cumberland, Durham, Lancashire, Northumberland, Nottinghamshire, Westmoreland, Yorkshire.

Unless a person held properties in more than one diocese (within the Province of York), always first search, the local diocesan court probate records of the county in which they lived and/or died. When a search of this courts’ probate records, or a search in those of the local diocesan courts fails to provide the desired probate record, be sure to search the Court of the Peculiar of the Dean and Chapter of York as well.