Probate in Devon

Devon probate arrangements from 1858 

Devon wills were stored at the courts where they were proved until January 1858, when a new system of probate registration was introduced. 

The power to prove wills was taken away from the church courts and a civil probate system was set up.  A Principal Probate Registry based in London, together with District Probate Registries, were set up.  From this time on Devon wills were proved in the Exeter Probate Registry. 

A registered copy of each will and letter of administration was retained in Exeter, and a copy was sent to the Principal Registry in London. Thus copies of all wills and administrations for England and Wales from 1858 until the present are also kept in London at the Principal Probate Registry.

The Principal Probate Registry is now located at First Avenue House, High Holborn in London, and copies of wills can be obtained there in person, or by post from the Probate Registry at York. 

At the end of each year since 1858, the Principal Probate Registry has compiled an index, arranged alphabetically, for all the wills and letters of administration received by them in that year. Copies of the index were - and still are - also distributed to the District Registries around England and Wales, where they are available for inspection. 

For more information on searching the National Probate Calendar and ordering post-1857 wills, read about locating Devon wills and administrations

Unfortunately, in 1942 the Probate Registry was destroyed in the bombing during the Exeter Blitz of the Second World War, and all the wills were burnt.  This means that all the original wills kept in the various church courts and in the Probate Registry in Exeter, no longer exist - a great loss for those researching Devon families.  However, copies of some wills do survive - read about how to locate existing copies of Devon wills.

What is the procedure for obtaining probate in Devon?

When a person dies in Devon, his or her estate needs to be administered by Executors or Administrators.  An Executor is a person who has been appointed under the Will of the deceased to deal with the following;-

1. Collate the assets in the estate;

2. Pay any liabilities due;

3. Distribute the estate in accordance with the Will;

Most Wills created in Devon by individuals have two Executors appointed.  Therefore, both Executors will apply for Probate.  

The role of an administrator is similar  to that of an Executor. The only difference is that an administrator is appointed where the deceased did not leave a Will.  An administrator is normally the next of kin to the deceased.  

How is the estate in Devon distributed  where an individual dies without leaving a Will?

Rules of Intestacy are as follows:-

- If an individual dies leaving a surviving spouse and minor children, the first £250,000 will be given to the spouse plus a life interest in the excess plus chattels;

- The children inherit half the excess immediately and the remainder on the spouse’s/civil partner’s death;

- Where  and individual leaves a spouse but not children, the spouse would get the  first £450,000 plus half the balance plus chattels; 

- After the fist £450,000 is taken by the spouse, the rest is shared between the parents if they are still alive.  If not, the estate will pass to the surviving brothers and sisters and if none then to nephews and nieces.

- If there are no surviving brothers, sisters, nephews and nieces, the surviving spouse gets the entire estate.

- No spouse, civil partner or children, the estate is shared by the parents, if they are still alive.  If not then to the following;-

1. Brothers and sisters;

2. Nephews and nieces;

3. Grandparents;

4. Uncles and aunts;

5. Cousins

-  If there are no surviving close relatives, the estate goes to the crown.