Introduction
Before 11 January 1858, most wills were proved in church courts. In Norfolk a few early wills were registered in the borough courts of Norwich, King’s Lynn and Gt Yarmouth and no ecclesiastical court functioned during the Commonwealth period, 1653-1660. There were three levels of church court each proving wills in Norfolk:
1 The Prerogative Court of Canterbury which had overriding jurisdiction in the whole of England and Wales. Its probate records are held at the Public Record Office: see also Public Record Office leaflet 'Probate Records' (Legal Records Information 23).
2 The Consistory Court of Norwich (the Bishop’s Court) had jurisdiction over the Diocese of Norwich and therefore over every parish in Norfolk except Great Cressingham, a peculiar exempt from the Bishop’s jurisdiction, and Emneth, a parish in the Diocese of Ely. Until 1837, the Consistory Court also had jurisdiction over the whole of Suffolk (except for the parishes in the Peculiar Deanery of Bocking) and thirteen parishes in Cambridgeshire, and also over the Cambridgeshire parish of Isleham during visitations only. In 1837, the Archdeaconry of Sudbury (comprising West Suffolk and the Cambridgeshire parishes mentioned above) was transferred from the Diocese of Norwich to the Diocese of Ely, but a small number of wills from this area were nevertheless proved in the Bishop’s Court between 1837-1858.
3 The Archdeaconry and Peculiar courts provided the lowest level of ecclesiastical courts. About 400 parishes in Norfolk came under the jurisdiction of the Archdeacon of Norfolk and about 300 parishes under the jurisdiction of the Archdeacon of Norwich. A few parishes did not come under the jurisdiction of either Archdeacon but under that of one of the three peculiar courts that existed in Norfolk: the Dean and Chapter Peculiar Court, the Castle Rising Peculiar Court and the Great Cressingham Peculiar Court. Great Cressingham, unlike the others, was exempt from the jurisdiction of the Bishop as well as the Archdeacon. The Bishop's Peculiar of Thorpe St Andrew disappeared at the Reformation but wills were proved in the Norwich Consistory Court.
In general executors and prospective administrators applied for probate at the lowest court available. If the estate was situated in one archdeaconry or peculiar then the will was proved in that archdeaconry or peculiar court; if the estate was situated in two archdeaconries or in and out of a peculiar then the will was proved in the Consistory Court; if the estate was situated inside and outside the Diocese of Norwich then the will was proved in the Prerogative Court of Canterbury. At least such was the theory. In practice executors could seek probate in the highest available court, partly for reasons of prestige, partly to forestall opposition. The sitting of a visitation court also disrupted this pattern. Moreover executors were not always scrupulous in seeking the appropriate court and might attend whichever court was in session at the most convenient time. By the early eighteenth century at the latest the diocesan and archidiaconal registrars were drawing up agreements to regulate their activities and maintain between them an equitable share of probate business.
Wills
Only a minority of persons left wills; the very poor rarely did so and whole classes of people were excluded from making legally valid wills, including children, lunatics, prisoners, married women, traitors and heretics. Property usually descended to the eldest son or his heirs or assigns and a will was only likely to be made if the testator wished to provide for his wife, younger children, relatives and friends. Marriage settlements could also obviate the need for a will if a wife’s dowry reverted to her on the death of her husband.
The original will was signed by the testator and witnessed by neighbours or friends. It was produced to the appropriate probate court where the witnesses to the will testified that it was a true reflection of the deceased’s intentions or if they were no longer available friends and neighbours might perform this function. Once the will was accepted as valid it was copied into the court will register, annotated as proved before the court and filed with the court’s records.
Archiepiscopal and episcopal visitations inhibited the work of the inferior courts and directed all probate business to their own court. The original will after annotation was returned to the appropriate court for filing.
Administrations
When a person died without having made a will, the next-of-kin or a creditor might apply to the appropriate church court for letters of administration and enter into a bond to administer the goods of the deceased faithfully. This should have been done whenever the value of the estate was over £5; in fact, there are only administrations for a minority of deceased persons not leaving wills. Administrations are not so informative as wills but do indicate an approximate date of death and usually give the name of the next-of-kin. There are two types of document: original bonds and registered copies or act books.
Inventories
An inventory of the goods of the deceased was sometimes submitted with a will and more generally with an administration. Inventories do not contain any information about the family of the deceased but are useful in showing the latter’s financial standing and often indicate an occupation. In the Diocese of Norwich they were filed separately from the wills and administrations and are to be found among the diocesan and archdeaconry archives, rather than the probate records.
11 January 1858 onwards
The Court of Probates Act, which came into force on 11 January 1858, abolished the church courts’ jurisdiction over wills and established the Principal Probate Registry: the country was divided into areas, each served by a District Registry. The Principal Probate Registry of the Family Division holds copies of all wills proved since then.
Not all wills of Norfolk testators would have been proved in the Norwich District Probate Registry: from about 1926 the place of residence of the executor became more significant than that of the testator in determining where a will was to be proved.
The wills (originals and registers) and administrations (act books and bonds) were transferred from the Diocese of Norwich to the Norwich District Probate Registry; only the inventories were not transferred. The so-called administration act books were in fact the office or registrar’s act books and contain material relating to other aspects of the diocese’s work such as the issue of marriage licences, dispensations and licences for non-residence.
The Records
Norwich Consistory Court
Wills, 1370-1858 (with gaps). Available on microfilm. Contemporary indexes for 1370-1858 are available on microfilm. Indexes for 1370-1858 (with gaps) are available in print.
Administrations, 1371-1857 (with gaps). Available on microfilm. Contemporary indexes for 1666-1857 are available on microfilm. Indexes for 1371-1857 (with gaps) are available in typescript.
Inventories, 1553-1849. Available on microfilm. Indexes by person, place and occupation are available in typescript.
For post-1858 see below.
Archdeaconry of Norfolk
Wills, 1453, 1459-1636 and 1660-1858 (with gaps). Available on microfilm.
Contemporary indexes for 1460-1858 are available on microfilm. Indexes for 1453-1858 are available in print.
Administrations, 1541-1857 (with gaps). Available on microfilm. Contemporary indexes for 1541-1858 are available on microfilm. Indexes for 1691-1868 are in typescript.
Inventories, 1728-1774. Available on microfilm. Indexes available in typescript.
For post-1858 see below.
Archdeaconry of Norwich
Wills: registered copies, 1469-1652 and 1660-1858; original wills, 1530-1652 and 1660-1858. Available on microfilm. Contemporary indexes arranged alphabetically year by year, 1469-1858, are available on microfilm. Indexes for 1469-1858 (including local Commonwealth wills) available in typescript.
Administrations: act books, 1590-1609, 1624-1626, 1632-1637, 1660-1681; bonds, 1682-1683, 1686-1688, 1680-1857. Available on microfilm. Indexes to act books and bonds, 1590-1857, available in typescript. Manuscript indexes to bonds, 1700-1857, available on microfilm.
Inventories: 1674-1675, 1682-1683, 1692-1693, 1700-1825 (with gaps). Available on microfilm. Indexes of persons, places and occupations available in typescript.
For post-1858 see below.
Dean and Chapter of Norwich
Wills: registered copies, 1416-1452 (on the comperta rolls), 1444-1454, 1461-1652, 1660-1857; original wills, 1529-1651, 1660-1857. Available on microfilm. Indexes: names, places and occupations, 1416-1857, are available in typescript.
Administrations: 1444-1559, included in the will registers; act book, 1613-1680; bonds, 1706-1857. Available on microfilm. Indexes to act books and bonds, 1613-1857, are available in typescript.
Inventories: 1681-1694, 1717, 1727-1782, in five bundles, each including a manuscript list or index; a few inventories occur with the original wills, 1529-1629, among the probate records. Available on microfilm. Indexes are available in print.
For post-1858 see below.
Peculiar of Castle Rising
Wills: originals, 1624-1692, 1703-1724. Available on microfilm. Indexes to names, places and occupations available in print. Manuscript indexes available on microfilm.
Administration: bonds are in one bundle, 1703-1720. Available on microfilm. Indexes available in print.
For post-1858 see below.
Peculiar of Great Cressingham
Wills: registered copies, 1675-1742; original wills, 1701-1754. Available on microfilm. Indexes to names, places and occupations available in print.
Administrations: six bonds only, 1678-1751. Available on microfilm. Indexes to names, places and occupations available in print.
For post-1858 see below.
City of Norwich
Wills proved in the Court of the City of Norwich were entered on the City court rolls with the Norwich enrolled deeds. Indexed to 1508. Very few wills were enrolled after the early 16th century and those which do occur are likely to be copies of wills proved first in the church courts.
Enrolled deeds: 1286-1340, 1377-1405, and 1413-1851. Available on microfilm. Indexes, 1286-1508, are available in print.
For post-1858 see below.
King’s Lynn
King’s Lynn (formerly Lynn Episcopi) obtained in 1335 the right to have wills relating to property within the borough approved and enrolled in the Guildhall at Lynn. The following Lynn wills not proved elsewhere are held at King’s Lynn:
19 enrolled and deposited wills, 1276-1539. Available on microfilm at the Norfolk Record Office. Some fourteenth-century wills entered into the Red Register, c 1300-1395: these are transcribed and indexed in The Red Register of King’s Lynn ed. H. Ingleby, 2 volumes (1922).
For post-1858 see below.
Great Yarmouth
Some wills and extracts are included in the borough court rolls up to 1500.
For post-1858 see below.
Norwich Probate District Registry
Registers: Wills only, 1858-1941. Available on microfilm for 1858-1925 only.
Indexes: Wills, 1858-1941, and Administrations, 1858-1909, 1914-1941. Available on microfilm.
Updated: 27 July 2006.