Ontario Government Record Series RG 22-311

Essex County Surrogate Court estate files


About these records

Title
Essex County Surrogate Court estate files
Dates of Creation
1785-1976
Dates of Accumulation

1795-1964, 1966-1970

Physical Description

177.6 metres of textual records

Scope and Content

Series consists of estate files containing the original documentation filed with the Surrogate Court for the Western District (1795-1849), the United Counties of Essex, Kent and Lambton (1850-1851), the United Counties of Essex and Lambton (1851-1853) and the County of Essex (1853-) in proceedings leading to a grant of probate or administration.

Typically, an estate file includes the original will in cases of probate, administration bonds in cases of administration, petitions for probate or administration and supporting affidavits, and the order for probate or administration.

While some inventories of estates exist for the early period, the occurrence of these in the files becomes more frequent after 1892 when the Succession Duty Act required detailed inventories and lists of heirs to be included in the files of taxable estates. When the value of taxable estates was lowered by an amendment to the act in 1907, the presence of these inventories and lists becomes even more common.

If the will or the grant of probate or administration was contested, the estate file should also include the caveat filed against the estate, relevant citations and affidavits, and the final judgment issued by the court.

Files are arranged numerically in a chronological fashion until 1869 and numerically by non-contentious business number thereafter. In 1904, numbers were repeated annually.

Administrative History or Biographical Sketch

Click on the link(s) below for more information.

Ontario. Surrogate Courts
Restrictions on Access
Researchers must use the microfilm version whenever it is available.
Terms For Use and Reproduction
Copyright is primarily held by the Crown. Series also contains material owned by various other copyright owners. To find out more about the copyright status of the particular material you wish to use, consult a Reference Archivist. There are no restrictions on reproduction for research and private study. If you wish to use other than for research and private study any of this material, submit a Request for Permission to Publish, Exhibit or Broadcast Form.
Availability of Other Formats

The pre-1931 estate files are available on microfilm.
Accruals

The Archives of Ontario receives annual transfers of these records.

Finding Aid
A nominal province-wide index for 1793-1858 for all Ontario estate files is available online as part of the Archives of Ontario's Interloan Microfilm Catalogue. A microfilm listing for the pre-1931 Essex County estate files is available online as part of the Microfilm Interloan Catalogue, and in the User's Guide to Surrogate Courts and Surrogate Clerk Microfilm Reels in the Archives' Reading Room. A nominal index to the pre-1859 Essex County estate files is available online.

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Agency or agencies that created these records

These records were created by the following Ontario government agency or agencies. Click on the agency reference code for information about this agency and other records it created.

1795-1976 :

Surrogate Courts (BA44)

How to order these records

From our Reading Rooms

For the years 1785-1969, consult RG 22-1837 (Essex County Surrogate Court index) on GS 2, Reel 34.

For pre-1859 estate files, consult the online listing of self-service microfilm in the Finding Aid section.

For 1859-1930 files, consult the self-service microfilm listing for Essex County available online in the Microfilm Interloan Catalogue or in the User's Guide to Surrogate Courts and Surrogate Clerk Microfilm Reels in the Archives' Reading Room.

The post-1930 files have not been microfilmed so the original records must be requested from offsite storage. A minimum of 1 business day is required to retrieve the material onsite. Please contact a Reference Archivist for more information on how to order these records.

Scroll up to "Finding Aid" for more information about any available finding aids or listings.

By Microfilm Interloan
This material is available through the Archives of Ontario's Microfilm Interloan Service, which allows you to borrow microfilmed archival records through a library or other institution that participates in the interlibrary loan system.

http://www.archives.gov.on.ca/en/microfilm/surrogate_court_essex_t.aspx#estate1