Overview of probate before 1858
Prior to 1858, when the civil Probate Registry took over all probate matters, wills were proved in church courts. These could be at a local level, in Archdeaconry or Consistory (Bishop's) courts, or in the higher courts of the Prerogative Courts of Cantebury (PCC) of York (PCY). The PCY covered the northern province of England, whilst the PCC covered both the southern province and Wales, and they were generally used for higher value estates.
Prerogative Court of Canterbury
As well as covering the southern province of England, as well as Wales, it was also used by anyone dying overseas. If any individual owned property in both the northern and southern province, then the PCC took precedence and would have been the court used to prove the will. During the Commonwealth period, from 1653 to 1660, the PCC was the only probate court at all
Where can Prerogative Court wills be accessed?
PCY wills are held in the Borthwick Institute (and are available digitally here) whilst PCC wills are held at The National Archives (and can be accessed via www.ancestry.co.uk here).
Researching your ancestors
Probate matters before 1858 can be confusing, as a will could have been proved in a number of places. Contact a member of our professional research team today to find out more about your ancestors, and where they may have left a will.
