Wills and probate

Probate records contain a wealth of information about people, their families, property and possessions.

You are very likely to need to consult a will, administration or probate inventory at some point in your family, home or local history research.

You can see most of the sources mentioned below at the Norfolk Record Office (NRO) and the Norfolk Heritage Centre (NHC).

Wills vary in length and detail, but often contain information about family and friends, property and goods.

They may prove the relationships between two or more people as they usually mention the names of relatives.

They give an idea of the wealth and possessions of an individual and may also mention bequests to local churches, charities and servants.

Sometimes they also give personal opinions, arrangements for children's education, etc.

The person making the will is called the testator (or testatrix, if female). The testator's wishes are carried out by an appointed person, or persons, known as the executor(s) (or executrix, if female).

The executor(s) had to attend a probate court to have the will proved before they could carry out the testator's wishes.

The court would issue a grant of probate to give authority to the executor(s) to carry out the provisions of the will.

Originally, a will dealt with land and property, while a separate testament disposed of personal goods. The two documents began to overlap over time, until they merged into a single 'will and testament'.

A codicil is an amendment to a will, written by the testator, which should have been proved at the same time as the will. There may be more than one codicil to any one will.

Some wills are 'nuncupative', which means that they were dictated aloud, sometimes before going to war or when the testator was on their death bed.

Such wills were written down and sworn to be accurate by witnesses, but were not signed nor sealed by the testator.

Not everyone made a will. Those with small estates or owning little or no property may never have made one.

Property normally descended to the eldest son, so a will may have been made only if the testator wished to make special provision for other family members.

In other cases a will may have been made but the family did not go to the trouble and expense of having it formally proved by a court, which means it is unlikely to have survived.

Lunatics, prisoners, traitors and heretics were excluded from being able to leave a valid will.

It is rare to find a will for married women (except widows), until relatively recently.

Married women were prohibited from owning property in their own right until the Married Women's Property Act of 1882.

Before this time, they and their possessions were effectively seen as belonging to their husbands.

Wills were commonly left by landowners, the rich and those with professions or trades.

Letters of administration may have been granted if a person died intestate (without leaving a will).

A next-of-kin or creditor would apply to the probate court to appoint one or more administrators to wind up the estate of the deceased.

The court retained an administration bond, which contained the names of the administrators, the penal sum (payable if the administrators did not administer the estate properly) and any associated conditions.

You may occasionally find a reference to a will with administration annexed.

This means that a will was made, but the executors were unable to act for some reason, so the court granted letters of administration to someone else to enable the estate to be wound up.

A probate inventory is a list of personal belongings owned by the deceased person, usually accompanied by a valuation. They were often compiled by neighbours of the deceased.

An inventory may accompany a will or administration, but inventories survive for a minority of people only.

Although inventories do not usually contain information about the deceased's family, they give a fascinating insight into the life of the person in question.

They often go into great detail, recording the furniture and personal possessions in each room in the person's house, as well as listing items in workshops, shops and farmyards.

For tradesmen and farmers, this may include details of the deceased person's stock-in-trade and livestock.

Some early wills are in Latin or Norman French, but most were in English by the mid-16th century.

The notes at the end of wills stating that probate had been granted are likely to be in Latin until 1733.

Most administration bonds are also in Latin until 1733, but they are usually short and follow a standard format, so you can generally work out what they say with the help of a Latin dictionary.
Probate inventories were normally written in English. Handwriting, especially before the 18th century, can be somewhat different from modern-day styles, so you may find an NRO course on palaeography (reading old handwriting) useful.

Online resources are also available, such as The National Archives' tutorials on Latin and palaeography.

We and NHC also have Latin dictionaries and books on probate records and palaeography available.

Staff may be able to help with reading individual words or phrases and we also offer a paid service for longer transcriptions and translations.

Church courts were responsible for proving wills and granting letters of administration until 1858.

There were three levels of church court which related to Norfolk:

• The Prerogative Court of Canterbury (the Archbishop's court) had overriding jurisdiction in the whole of England and Wales, and therefore over every parish in Norfolk.
• The Norwich Consistory Court (the Bishop's court) had jurisdiction over the Diocese of Norwich and therefore over every Norfolk parish, except Great Cressingham (see peculiar courts, listed below) and Emneth, which was in the Diocese of Ely. Until 1837, the Consistory Court also had jurisdiction over most of Suffolk, which was part of the Diocese of Norwich until this date.
• The Archdeaconry and Peculiar Courts were the lowest level of ecclesiastical courts. Most parishes came under the jurisdiction of either the Archdeacon of Norfolk or the Archdeacon of Norwich, but a few parishes were under the authority of one of the three peculiar courts which existed in Norfolk:
  • The Dean and Chapter Peculiar Court covered the Norwich parishes of St Helen, St James, St Mary in the Marsh, and St Paul, as well as Arminghall, West Beckham, Catton, Eaton, Hindolveston, Lakenham, Martham, Great Plumstead, Sedgeford, Sprowston and Trowse. Before the Reformation it also covered the parishes of Hemsby, Hindringham, Scratby, Taverham and Winterton.
  • The Castle Rising Peculiar Court covered Castle Rising, Roydon, North Wootton and South Wootton.
  • The Great Cressingham Peculiar Court covered Great Cressingham only. Great Cressingham, unlike the other peculiars, was exempt from the jurisdiction of the Bishop of Norwich, as well as the archdeacons. 

A will was generally proved in the lowest court which had jurisdiction over the whole of the area in which the testator held property, ie:

• In the Archdeaconry (or Peculiar) Court, if all his or her property lay within its jurisdiction
• In the Consistory Court, if his or her property lay in different archdeaconries, but within the diocese
• In the Prerogative Court of Canterbury, if his or her property was spread over two or more dioceses

Generally speaking, the greater the extent of an individual's property or wealth, the higher the level of court likely to have proved the will, or granted the administration.

However, while the above is the general rule, not all wills were proved in the court you would expect.

If the individual lived in Norfolk, but had land elsewhere, you may need to try records for other counties.

Anyone who owned land outside the United Kingdom should have had their will proved by the Prerogative Court of Canterbury.

This court also dealt with the probate records of those who died abroad or at sea.

Although wills would normally have been proved at the lowest possible court, there was a prestige value to having them proved at a higher court.

Clergy wills were often proved in the Consistory Court (the bishop's court), rather than by an archdeacon.

At times when the position of bishop or archdeacon was vacant, probate proceedings were held in the next highest court.

During bishop's visitations (which took place about every seven years), the business of both archdeaconry courts was conducted in the bishop's court.

During the Commonwealth period (1653-60), church courts were suspended and all wills were considered before the Court of Civil Commission. These records are now included with the Prerogative Court of Canterbury wills.

A few wills were registered in the borough courts of Norwich, Lynn and Yarmouth, from the 13th to the 16th century.

Wills and administrations are dated according to the year probate or administration was granted, not according to the year a will might have been written.

Sometimes, wills were proved, or letters of administration were granted, many years after the decease of the person in question. Inventories were usually compiled soon after the death.

We hold wills, administrations and inventories which came before the Norfolk probate courts from the 13th century to 1858. The wills available to consult are usually registered copies, rather than original wills.

Registered copies were written up by a clerk into a volume containing many wills, once the court had proved the will.

Original wills are only produced in exceptional circumstances: for example, if there is no registered copy or in order to compare a signature.

You can see microfilm copies of these records at both NRO and NHC.

To find a Norfolk will, administration or inventory, start by searching our online catalogue. On the catalogue homepage follow the link 'Probate records- search for wills, grants of administration and inventories'. 

If a will, administration or inventory exists and was proved in Norfolk, you should find an entry for it in the catalogue, with a document reference and microfilm number.

Members of staff are on hand in the searchrooms at both the NRO and NHC to help you to locate the microfilm and the document on the film.

If you prefer, you can search the various printed name indexes to wills, administrations and inventories in the searchrooms. Probate indexes arranged by place and occupation are also available on the searchroom shelves.

Wills proved in the Court of the City of Norwich were entered on the city court rolls with the Norwich enrolled deeds. 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 church courts.

• Name indexes to wills, 1286-1508, are included in the online catalogue and in the Indexes to Consistory Court Wills, 1370-1550 (Norfolk Record Society, XVI), available at NRO and NHC.
• King's Lynn enrolled and deposited wills, 1276-1539, are available on microfilm in our searchroom (the originals can be seen at King's Lynn Borough Archives).
• Some Great Yarmouth wills and extracts, 1280-c1500, are registered with the Yarmouth enrolled deeds and are available at NRO.
• If the Prerogative Court of Canterbury (PCC) proved the will or granted the administration, the records are kept and are available at The National Archives (TNA). You can search the index free of charge, but will need to pay a small fee to download an image of the will itself.
• You can also view and download PCC wills at Ancestry. This is a subscription website, but you can access it free of charge at NRO, NHC and King's Lynn Borough Archives.
• There are also printed indexes to PCC wills, 1383-1700 and 1750-1800, in the NRO's searchroom. PCC administrations, with indexes to them, are available at TNA.

Wills have been proved by civil probate courts since 11 January 1858, rather than by church courts.

The Court of Probates Act established the Principal Probate Registry based in London and divided the country into areas, each served by a district registry or sub-registry.

The Norwich Probate Sub-Registry covers Norfolk, but you should bear in mind that from about 1926 onwards, the executor's place of residence became more significant than the residence of the testator in determining where a will was proved.

We hold registered copies of wills proved by the Norwich Probate Sub-Registry, 1858-1941. Wills between 1858 and 1925 are available on microfilm (also available at the NHC).

To find a will proved in Norwich, consult the will indexes, 1858-1941 (NRO and NHC). These indexes are organised by year and, within each year, by the first letter of the surname.

When you find the right surname, note the associated will number. Bear in mind that for some years, administrations and wills are indexed together, distinguished only by the reference 'W' for a will and 'A' for an administration.

For pre-1926 wills, please ask NRO or NHC staff to show you how to find the relevant microfilm number. For wills from 1926-41, you can see the original will registers in our searchroom. Neither NRO nor NHC holds administrations after 1858.

The NRO has indexes only to Norwich District administrations, 1858-1909 and 1914-41, which are included with the wills indexes.

Most of the information given in the administration is recorded in the National Probate Calendar.

This is an index of wills and administrations for England and Wales and has been created on an annual basis since 1858.

The index for 1858-1966 plus 1973-95 is searchable at Ancestry (opens new window). This is a subscription website, but it is free to view at the NRO, NHC and King's Lynn Borough Archives.

The NHC also has the index on microfilm, 1858-1925, and in printed volumes, 1941-66.

You can search for and order wills and administrations from anywhere in England and Wales, from 1858 to 1996, from the GOV.UK (opens new window) website.

Further reading

• T Arkell, N Evans and N Goose, When death us do part: understanding and interpreting the probate records of early modern England (Oxford, 2000)
• K Grannum and N Taylor, Wills and Other Probate Records (The National Archives, 2004)
• J Gibson, and E Churchill, Probate Jurisdictions: Where To Look For Wills, (5th edn, Federation of Family History Societies, 2002)
• M D Herber, Ancestral Trails (Society of Genealogists, 2000)
• S A Raymond, Words from Wills and other probate records (Federation of Family History Societies, 2004)
• The National Archives' research guide, Wills and Probate: Further Research.