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== Record Synopsis == | === Online Resources === | ||
*'''1604 – 1878''' [http://search.ancestry.com/search/db.aspx?dbid=9068 Maryland Wills and Probate Records 1604-1878] at [http://home.ancestry.com Ancestry.com] — index and images $ | |||
*'''1635 – 1743''' [http://search.ancestry.com/search/db.aspx?dbid=3250 Maryland Calendar of Wills 1635-1743] at [http://home.ancestry.com Ancestry.com] — index and images $ | |||
*'''1796 – 1940''' {{RecordSearch|1542664|Maryland Probate Estate and Guardianship Files, 1796-1940}} at [https://familysearch.org FamilySearch] images | |||
=== Record Synopsis === | |||
Probate is the “court procedure by which a will is proved to be valid or invalid” and encompasses “all matters and proceedings pertaining to the administration of estates, guardianships, etc.”<ref>Henry Campbell Black, ''Black's Law Dictionary,'' 5th ed. (St. Paul, Minnesota: West Publishing Co., 1979), 1081, "probate."</ref> Various types of records are created throughout the probate process. These may include, [[United States Probate Wills|wills]], bonds, petitions, accounts, inventories, administrations, orders, decrees, and distributions. These documents are extremely valuable to genealogists and should not be neglected. In many instances, they are the only known source of relevant information such as the decedent’s date of death, names of his or her spouse, children, parents, siblings, in-laws, neighbors, associates, relatives, and their places of residence. They may also include information about adoption or guardianship of minor children and dependents. For further information about the [[United States Probate Process|probate process]], types of probate records, [[Analyzing United States Probate Records|analyzing probate records]], and to access a [[Glossary of United States Probate Terms|glossary]] of probate terms, see [[United States Probate Records|United States Probate Records]].<br> | Probate is the “court procedure by which a will is proved to be valid or invalid” and encompasses “all matters and proceedings pertaining to the administration of estates, guardianships, etc.”<ref>Henry Campbell Black, ''Black's Law Dictionary,'' 5th ed. (St. Paul, Minnesota: West Publishing Co., 1979), 1081, "probate."</ref> Various types of records are created throughout the probate process. These may include, [[United States Probate Wills|wills]], bonds, petitions, accounts, inventories, administrations, orders, decrees, and distributions. These documents are extremely valuable to genealogists and should not be neglected. In many instances, they are the only known source of relevant information such as the decedent’s date of death, names of his or her spouse, children, parents, siblings, in-laws, neighbors, associates, relatives, and their places of residence. They may also include information about adoption or guardianship of minor children and dependents. For further information about the [[United States Probate Process|probate process]], types of probate records, [[Analyzing United States Probate Records|analyzing probate records]], and to access a [[Glossary of United States Probate Terms|glossary]] of probate terms, see [[United States Probate Records|United States Probate Records]].<br> | ||
== History == | === History === | ||
Estates were probated by the Secretary of the Province until 1671 and by the Prerogative Court from 1671 to 1776. Beginning in the 1690s, probates could also have been handled by county courts. Since 1777, probate records have been kept by each county's orphans court and register of wills. The counties also have copies of the pre-1777 records of the Prerogative Court of Maryland. In addition, during the colonial period, dozens of Maryland wills were proved in the [[Prerogative Court of the Archbishop of Canterbury|Prerogative Court of Canterbury]] in London, England. | Estates were probated by the Secretary of the Province until 1671 and by the Prerogative Court from 1671 to 1776. Beginning in the 1690s, probates could also have been handled by county courts. Since 1777, probate records have been kept by each county's orphans court and register of wills. The counties also have copies of the pre-1777 records of the Prerogative Court of Maryland. In addition, during the colonial period, dozens of Maryland wills were proved in the [[Prerogative Court of the Archbishop of Canterbury|Prerogative Court of Canterbury]] in London, England. | ||
== Statewide Indexes == | === Statewide Indexes === | ||
*[http://registers.maryland.gov/main/search1.html Maryland Office of the Register of Wills] index | *[http://registers.maryland.gov/main/search1.html Maryland Office of the Register of Wills] index | ||
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*Cotton, Jane Baldwin. [http://search.ancestry.com/search/db.aspx?dbid=3250 Maryland Calendar of Wills]. VOl. I-VIII. Baltimore, MD, USA:1904 ($) | *Cotton, Jane Baldwin. [http://search.ancestry.com/search/db.aspx?dbid=3250 Maryland Calendar of Wills]. VOl. I-VIII. Baltimore, MD, USA:1904 ($) | ||
== Records == | === Records === | ||
=== Proved in Maryland === | ==== Proved in Maryland ==== | ||
The [[Maryland State Archives|Maryland State Archives]] and each county register of wills have probate records that begin as early as 1634. The Archives has microfilm copies of the county records to the present. These can be borrowed through interlibrary loan (see Papenfuse's inventory in [[Maryland Archives and Libraries]]). The Archives also has an [http://www.msa.md.gov/megafile/msa/stagsere/se1/se4/000000/html/index.html online card index] of probate records from 1634 to 1854. | The [[Maryland State Archives|Maryland State Archives]] and each county register of wills have probate records that begin as early as 1634. The Archives has microfilm copies of the county records to the present. These can be borrowed through interlibrary loan (see Papenfuse's inventory in [[Maryland Archives and Libraries]]). The Archives also has an [http://www.msa.md.gov/megafile/msa/stagsere/se1/se4/000000/html/index.html online card index] of probate records from 1634 to 1854. | ||
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'''Online Digital Versions of ''The Maryland Calendar of Wills 1635-1777, 8 Volumes''''' | '''Online Digital Versions of ''The Maryland Calendar of Wills 1635-1777, 8 Volumes''''' | ||
{| cellspacing="1" cellpadding="1" border="0 | {| width="100%" cellspacing="1" cellpadding="1" border="0" | ||
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*Russell, George Ely. "Pride and Prejudice: Conditional Bequests in Colonial Wills," ''The American Genealogist, ''Vol. 45, No. 1 (Jan. 1969):18-21. {{FHL|973 D25aga v. 45}}; digital version at [http://www.americanancestors.org/search.aspx?Ca=098&Da=283 American Ancestors] ($). | *Russell, George Ely. "Pride and Prejudice: Conditional Bequests in Colonial Wills," ''The American Genealogist, ''Vol. 45, No. 1 (Jan. 1969):18-21. {{FHL|973 D25aga v. 45}}; digital version at [http://www.americanancestors.org/search.aspx?Ca=098&Da=283 American Ancestors] ($). | ||
=== Proved in London === | ==== Proved in London ==== | ||
Maryland wills and administrations proved in London have been abstracted and published multiple times. Each edition is listed here, as some are available online, while others are not. In addition, publishers included more detailed abstracts in some editions than others. The 2007 edition includes a place-name index that enables users to pluck out Maryland references: | Maryland wills and administrations proved in London have been abstracted and published multiple times. Each edition is listed here, as some are available online, while others are not. In addition, publishers included more detailed abstracts in some editions than others. The 2007 edition includes a place-name index that enables users to pluck out Maryland references: | ||
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*Coldham, Peter Wilson. ''North American Wills Registered in London, 1611-1857''. Baltimore, Md.: Genealogical Publishing Co., 2007. {{FHL|942 P27c 2007}} | *Coldham, Peter Wilson. ''North American Wills Registered in London, 1611-1857''. Baltimore, Md.: Genealogical Publishing Co., 2007. {{FHL|942 P27c 2007}} | ||
If you find a will abstract of interest, it is now possible to view digital images of the original Prerogative Court of Canterbury wills online at three | If you find a will abstract of interest, it is now possible to view digital images of the original Prerogative Court of Canterbury wills online at three pay-per-view websites: | ||
#[http://www.nationalarchives.gov.uk/documentsonline/wills.asp Prerogative Court of Canterbury Wills (1384-1858)] ($) at The National Archives, UK.<br><br> | #[http://www.nationalarchives.gov.uk/documentsonline/wills.asp Prerogative Court of Canterbury Wills (1384-1858)] ($) at The National Archives, UK.<br><br> | ||
#[http://www.thegenealogist.co.uk/user/subscriptions.php#record_sets PCC Wills Index and Images (1384-1858)] ($) at The Genealogist.<br><br> | #[http://www.thegenealogist.co.uk/user/subscriptions.php#record_sets PCC Wills Index and Images (1384-1858)] ($) at The Genealogist.<br><br> | ||
#[http://search.ancestry.com/search/db.aspx?dbid=5111 Prerogative Court of Canterbury Wills, 1384-1858] ($) at Ancestry. | #[http://search.ancestry.com/search/db.aspx?dbid=5111 Prerogative Court of Canterbury Wills, 1384-1858] ($) at Ancestry. | ||
=== Proved in Edinburgh === | ==== Proved in Edinburgh ==== | ||
The wills of some Maryland residents were proved in Edinburgh, Scotland, see: | The wills of some Maryland residents were proved in Edinburgh, Scotland, see: | ||
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*Szucs, Loretto Dennis and Sandra Hargreaves Luebking, editors. ''The Source: A Guidebook to American Genealogy.'' Third edition. Salt Lake City, Utah: Ancestry, Inc., 2006. Of particular interest is the section, "Probate," pages 268 - 277. {{FHL|1211475|item}} | *Szucs, Loretto Dennis and Sandra Hargreaves Luebking, editors. ''The Source: A Guidebook to American Genealogy.'' Third edition. Salt Lake City, Utah: Ancestry, Inc., 2006. Of particular interest is the section, "Probate," pages 268 - 277. {{FHL|1211475|item}} | ||
== State Statutes == | === State Statutes === | ||
Understanding the Maryland probate laws and how they changed over time can help us learn how the estate was administered, taxed, and distributed and might help to solve difficult genealogical problems. | Understanding the Maryland probate laws and how they changed over time can help us learn how the estate was administered, taxed, and distributed and might help to solve difficult genealogical problems. | ||
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Online digital versions of state statutes can often be found by conducting a search engine search for the term, "Maryland statutes." The following are examples of free, digital books related to Maryland probate laws: | Online digital versions of state statutes can often be found by conducting a search engine search for the term, "Maryland statutes." The following are examples of free, digital books related to Maryland probate laws: | ||
== Websites == | === Websites === | ||
*Anne Roach, ''[https://fch.ldschurch.org/WWSupport/Courses/FamilyHistoryLibraryExport/Goldmine__Beyond_the_Court_Order_Book/Player.html Courthouse Records Overview]'' (35 minute online video) [http://www.familysearch.org/eng/library/education/frameset_education.asp?PAGE=education_research_series_online.asp%3FActiveTab=2 FamilySearch Research Classes Online], 2010.<br> | *Anne Roach, ''[https://fch.ldschurch.org/WWSupport/Courses/FamilyHistoryLibraryExport/Goldmine__Beyond_the_Court_Order_Book/Player.html Courthouse Records Overview]'' (35 minute online video) [http://www.familysearch.org/eng/library/education/frameset_education.asp?PAGE=education_research_series_online.asp%3FActiveTab=2 FamilySearch Research Classes Online], 2010.<br> | ||
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[[Maryland, Register of Wills Books (FamilySearch Historical Records)|Maryland, Register of Wills Books (FamilySearch Historical Records)]]<br> | [[Maryland, Register of Wills Books (FamilySearch Historical Records)|Maryland, Register of Wills Books (FamilySearch Historical Records)]]<br> | ||
[http://registers.maryland.gov/main/search1.html The Office of the Register of Wills] provides public access to the estate case records of the State of Maryland Register of Wills Offices. This information includes decedent's name, case number, date of death, personal representative's name, attorney's name, county of filing, estate type, and estate status. Read the [http://registers.maryland.gov/main/search.html Disclaimer] for further information. | [http://registers.maryland.gov/main/search1.html The Office of the Register of Wills] provides public access to the estate case records of the State of Maryland Register of Wills Offices. This information includes decedent's name, case number, date of death, personal representative's name, attorney's name, county of filing, estate type, and estate status. Read the [http://registers.maryland.gov/main/search.html Disclaimer] for further information. | ||
{{Template:Pros-MD}} | {{Template:Pros-MD}} | ||
== References == | === References === | ||
<references />{{Maryland|Maryland}} | <references />{{Maryland|Maryland}} | ||
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