ABSTRACT

During the middle ages the Church in England and Wales obtained the right, with certain exceptions, to prove the wills and grant letters of administration to the executors for the estates of all deceased persons; the exceptions were certain manorial courts and peculiar jurisdictions. Since the correction courts of the archdeacons, and, in Chester, those of the rural deans, went on circuit through the deaneries, probate and administration could be handled at the same time. The Chester rural deans were given power to issue probate on the wills of all deceased persons in the diocese whose estates were less than 40, those of knights, esquires and clergy excepted. Probate in common form could be challenged in the court at any time within ten years of the grant. The person who would have the right to administer the estate, should probate fail, was always specifically named in the citation and ordered to be present when the will was proved.