Cumbria Archives
Preserving and providing the written heritage of Cumbria

Wills and Probate

Wills and Probate before 1858

The three main types of probate records are wills; inventories of the testators' goods and chattels, often listed room by room; and administration bonds relating to the administration of the estates of those people who died without leaving a will.

Before 1858 probate was largely the responsibility of ecclesiastical courts. Modern Cumbria fell within the probate jurisdictions of the dioceses of Carlisle, Chester, and Durham, and the Provinces of York and Canterbury, meaning the whereabouts of wills can be scattered.

Carlisle Diocese

It covered all Cumberland north of the River Derwent (except the parishes of Alston and Garrigill) and the northern half of Westmorland. There was no archdeacon's court exercising probate jurisdiction and hence wills were proved in the consistory court (bishops' court) of Carlisle. [Records at Carlisle Archive Centre, some microfilms at Kendal Library].

Catalogue entries for Diocese of Carlisle wills covering 1548-1858 (together with wills for Carlisle Probate Registry 1858-1941) are now in our online catalogue. These give details of name, occupation, address, type of probate record and year of probate. Researchers should simply enter a name in CASCAT and a relevant entry will have the reference number beginning with 'PROB'.

Chester Diocese

It included a number of deaneries, with wills for these areas proved in the consistory court of the commissary of the Archdeaconry of Richmond, Western Deaneries:

  • Deanery of Copeland: Cumberland south of the River Derwent [Records at Lancashire Archives, microfilms of all at Whitehaven Archive Centre].
  • Deaneries of Kendal and Lonsdale: southern half of Westmorland [Records at Lancashire Archives, microfilms at Kendal Library].
  • Deanery of Furness: Lancashire North of the Sands [Records at Lancashire Archives, microfilms at Barrow and Kendal Libraries].
  • Deanery of Lonsdale: included parishes of Sedbergh, Garsdale and Dent in the West Riding of Yorkshire [Records at Lancashire Archives].

You can search for probate records within these deaneries online in the Lancashire Archives Catalogue Lancashire Archives Catalogue (LANCAT).

Durham Diocese

It included parishes of Alston and Garrigill and (until 1703) Upper or Over Denton. Wills were proved in the consistory court of Durham (records available at Durham University).

Provinces of York and Canterbury

The provinces had probate jurisdiction over the will of anyone who died leaving possessions or property in more than one diocese. Wills were proved in the Prerogative Courts of York (records at the Borthwick Institute in York) or Canterbury (records searchable online at The National Archives); the Prerogative court of Canterbury having overriding jurisdiction.

Peculiar jurisdictions

The manorial courts of Temple Sowerby, Ravenstonedale and Docker exercised probate jurisdiction within their own manorial boundaries [records available at Carlisle Archive Centre], and the Peculiar Court of the Dean and Chapter of York exercised probate jurisdiction within the ancient parish of Kirkby Ireleth (records at the Borthwick Institute in York).

Wills and Probate after 1858

From 1858 the testamentary jurisdiction of ecclesiastical and other courts was abolished and replaced by the present centralised civil system of civil probate districts and civil probate registries under the control of the Principal Probate Registry in London. Original wills were retained by the district registry in which they were proved while copies were sent to the Principal Probate Registry.  Indexes are available to search online and copies of all wills proved in England and Wales can be ordered through the Government's website.

Wills for Cumberland and Westmorland were proved at the Carlisle Probate Registry, and copies can be seen in person at Carlisle Archive Centre. Catalogue entries for Carlisle probate wills covering 1858-1941 (together with wills for the diocese of Carlisle 1548-1858) are now in our online catalogue. These relate give details of name, occupation, address and year of probate. Researchers should simply enter a name in CASCAT and a relevant entry will have the reference number beginning with 'PROB'.

Wills for Lancashire North of the Sands were proved at the Lancaster Probate Registry, and are available at Lancashire Archives.