The present national system of probate was introduced on 11 January 1858 with the establishment of the Principal Probate Registry. The system is very similar to that of births, marriages and deaths. References to wills are found in registers, which also give:

From these details you can then order the will, which costs £5. Copies of the register is available in the Registry's public reading room at:

First Avenue House
44-49 High Holborn
London WC1V 6NP

Copies are also available at district registries and on microfiche, (for the period between 1858 and 1946), in the Microfilm Reading Room at the National Archives and at the Society of Genealogists.

Until 1858 probate was a responsibility of the Church of England as a will was regarded as being a contract between the maker and God. Surviving records are at a number of county record offices as well as the Family Records Centre, although there are an increasing number of indexes to help you.

Records of wills proved at archdeacons' and diocesan courts (the least important places) are generally at local record offices. Archbishop's courts granted probate if there was property in two or more dioceses. There were two archbishop's courts, the Prerogative Court of York (PCY) for England north of the River Trent and the Prerogative Court of Canterbury (PCC) for the rest of England and Wales. PCY records are at the Borthwick Institute of Historical Research in York (see www.york.ac.uk/inst/bihr/famhist).

If there was property both north and south of the Trent then the will was proved in the Prerogative Court of Canterbury, and records are on microfilm both at the FRC and the National Archives. The PCC also had jurisdiction over the estates of those who died abroad, such as military and naval officers, merchants and plantation owners.

During the first half of the 19th century there was a growing tendency to use the PCC for even relatively small wills. There are a number of indexes to PCC wills, including the Documents Online search where you can search by first name, last name, occupation and place. For an up-to-date list of the years covered, see the DocumentsOnline wills overview page. Images of these wills can be downloaded for #163;3 each.

You may come across letters of administration, which were taken out when a person died without making a will. They are normally rather disappointing as they may only give name and address of the deceased and the person to whom the letters was granted. Death Duty Registers (1796-1903) at the Family Records Centre give details of most grants and who benefited from them. There are also registers at First Avenue House.

Using Wills (PRO, 2000)

Jane Cox, Wills, Probate and Death Duty Records (FFHS, 1993)

Jeremy Gibson and Else Churchill, Probate Jurisdictions: Where to Look for Wills (4th edition, FFHS, 2002).