Devon Probate Records

England Devon Cornwall Probate Records

The following article is about probate records in the county of Devon, also called Devonshire. For general information about probate records in England, click here.

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. This article explains about probates and how to get started to search for a will.

Beginning in 1858, authority over probate matters was taken from ecclesiastical courts and put under the civil authority of the Principal Probate Registry. The Probates After 1857 section below has a link to an article about probates after 1857.

Getting Started
Probate is the legal court process by which the estate of a deceased person is distributed to his or her heirs. The Church of England ecclesiastical courts had authority for this process until 1858. Beginning in 1858, authority over probate matters was taken from ecclesiastical courts and put under the civil authority of the Principal Probate Registry. The Probates After 1857 section below contains links to additional information about the records of this court.

To look for a probate record before 1858:


 * 1) Discover when and where your ancestor died. If you don’t know, use the approximate date and place where they lived.
 * 2) Go to Court Jurisdictions section below.
 * 3) Click a letter or span of letters for your place name. This opens a jurisdictions table.
 * 4) Follow the instructions on the jurisdictions table page.

Court Jurisdictions by Parish
Before 1858, every town and parish in Devon was under the probate jurisdiction of a primary court and several secondary courts. When searching for the will of an ancestor, find the name of the town or parish where he/she lived in the jurisdictions lists below. Go to the jurisdiction tables by clicking a letter or series of letters below.

Devonshire Probate Courts

 * Court of the Bishop (Consistory) of the Archdeaconry of Barnstable
 * Court of the Bishop (Consistory) of the Archdeaconry of Cornwall
 * Court of the Bishop (Consistory) of the Archdeaconry of Exeter
 * Court of the Bishop (Consistory) of the Archdeaconry of Totnes
 * Court of the Peculiar of the Bishop of Exeter (Episcopal Consistory)
 * Peculiar of the Court of the Dean and Chapter of Exeter
 * Court of the Peculiar of the Prebend of Uffculme
 * Court of the Peculiar of the Dean of Salisbury (secondary court of Uffculme)
 * Court of the Peculiar of the Manor of Cockington
 * Court of the Peculiar of the Manor of Templeton
 * Peculiar of the Mayor of Exeter
 * Court of the Peculiar of the Custos and College of Vicars Choral in Exeter
 * Court of the Peculiar of the Dean of Exeter
 * Court of the Archdeaconry of Dorset
 * Episcopal Principal Registry of Exeter

Prerogative Court of the Archbishop of Canterbury
In addition, the Prerogative Court of the Archbishop of Canterbury had jurisdiction over the whole of England and specifically in the following cases.


 * Wealthier individuals
 * People who owned property in more than one county
 * Military and naval personnel
 * People who lived or owned property outside England

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 served as an appeals court.

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


 * Pre-1858 for CHARDSTOCK and UFFCULME parishes, and a few other wills from other parishes for the diocese of Salisbury that used to cover not only Wiltshire but also part of Berkshire, Dorset and Devon.


 * Devon Names in the Calendars of the Prerogative Court of Canterbury Wills 1383-1700

The aim of the Devon Wills Project is to provide a consolidated index of Devon wills, administrations and inventories, covering (and distinguishing between) original documents, probate copies, transcripts and abstracts. The project involves systematically transcribing information obtained from various "sources", i.e. indexes, calendars, catalogues, etc. The period covered is up to 1857, and wills, etc., are taken as related to Devon if the testator is identified to be or can be assumed as being of Devon, even if the will was proved elsewhere. (The index covers only testators, not other named individuals, and is initially just provided separately for each source.)*

Prerogative Court of Canterbury wills (1384 - 1858)

Probate Indexes
The majority of the local records in Devonshire courts were destroyed during World War II. However, the indexes do exist!

Calendars of wills and administrations relating to the counties of Devon and Cornwall : proved in the Court of the principal registry of the Bishop of Exeter, 1559-1799. And of Devon only, proved in the Court of the Archdeaconry of Exeter, 1540-1799. 

Calendars of wills and administrations relating to the counties of Devon and Cornwall : 1532-1800 Index of testamentary material in records of the principal registry of Bishop of Exeter  Transcript of Devonshire wills, 1600-1800  Oswyn Murray collection of wills, abt. 1600-1800 Index to wills, copies and related papers [of the County of Devon], 1200-1900's  Devonshire wills...  A calendar of inquisitiones post mortem for Cornwall and Devon, from Henry III to Charles I (1216-1649)  An alphabetical register of divers persons, who by their last wills &amp; grants have given towards the relief of the poor of the county of Devon  Abstracts of wills of the Drew Family, proved in the Court of the Archdeacon of Exeter and other courts, 1550-1891  Death duty registers, Exeter, 1796-1811  Wills for the Diocese of Exeter (County of Devon), 1812-1857 The copies were made for the Legacy Duty Department of the Stamp Duty Office, and from 1848 on to its successor, The Estate Duty Office of the Inland Revenue Office. They consist of wills proved in the Principal Registry and Consistory Court of the Bishop of Exeter, and in the various Archdeaconry Courts. 

Uffculme is a Peculiar Court and has indexes as follows: See Film 97429 18th court listed and 97430 17th court listed using following link. Wills, original and registered of the peculiar court of the Dean and parish of Sarum, Wiltshire, 1560-1857

Manuscript Records
The Family History Library has [http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=titledetails&titleno=235196&disp=Calendars+of+wills+and+administrations+r%20%20&columns=*,0,0 ''Calendars of wills and administrations relating to the counties of Devon and Cornwall&amp;nbsp;: proved in the Court of the principal registry of the Bishop of Exeter, 1559-1799. And of Devon only, proved in the Court of the Archdeaconry of Exeter, 1540-1799'']

Olive Moger Collection
A professional genealogist, she abstracted many probate records from most of the Devon courts prior to World War II. The Family History Library has Transcript of Devonshire wills, 1600-1800.

Oswyn Murray's collection
Includes abstracts of probate records from various courts about testators from Devon before the destruction in World War II. The Family History Library has [http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=titledetails&titleno=351796&disp=Oswyn+Murray+collection+of+wills%2C+abt%%20%20&columns=*,0,0 Oswyn Murray collection of wills, abt. 1600-1800]

Other collections in the Family History Library

 * Index to wills, copies and related papers [of the County of Devon, 1200-1900's
 * Devonshire wills, by Charles Worthy
 * A calendar of inquisitiones post mortem for Cornwall and Devon, from Henry III to Charles I (1216-1649)
 * An alphabetical register of divers persons, who by their last wills &amp; grants have given towards the relief of the poor of the county of Devon
 * Abstracts of wills of the Drew Family, proved in the Court of the Archdeacon of Exeter and other courts, 1550-1891

Some Explanatory Notes on the Devonshire Courts
Many of the records of the courts in this county were destroyed during during World War II. Devon Wills and Probate Records contains information about probates and where they are located. The manuscript collections mentioned below and the Estate Duty Registers should be searched as an alternative to the original records.

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.

Probates After 1857
Beginning in 1858, the government took over the settlement of estates and all wills are now probated through the Principal Probate Registry system. For more information, go to Principal Probate Registry.