Maryland Probate Records

Maryland Wiki Topics

Beginning Research

Record Types

Maryland Background

Cultural Groups

Local Research Resources

Online Resources[edit | edit source]

1634-1777 Maryland, Index To Colonial Probate Records, 1634-1777 index & images ($)
Maryland, Wills and Probate Records index and imges ($)
1635 – 1777 Maryland Wills and Probate Records, 1635-1777 at Ancestry — index and images $
1635 – 1743 Maryland Calendar of Wills 1635-1743 at Ancestry — index and images $
1796-1940 Maryland Probate Estate and Guardianship Files, 1796-1940 at FamilySearch - How to Use this Collection; images
Full-Text Search - Probate Records at FamilySearch - index & images; dates, records, and places vary; How to Search

Record Synopsis[edit | edit source]

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.”^[1] Various records may be found in probate files. These may include 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 probate process, types of probate records, analyzing probate records, and to access a glossary of probate terms, see United States Probate Records.

History[edit | edit source]

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 Canterbury in London, England.

Statewide Indexes[edit | edit source]

Maryland Office of the Register of Wills index

A card index kept at the Maryland State Archives, to Maryland probate records, is available online:

Probate Records, Colonial, Index, 1637-1777, Index 1, MSA S1393 at Maryland State Archives.
Cotton, Jane Baldwin. Maryland Calendar of Wills. VOl. I-VIII. Baltimore, MD, USA:1904 ($)

Records[edit | edit source]

Proved in Maryland[edit | edit source]

The 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 online card index of probate records from 1777 to 1854.

The Prerogative Court of Maryland, 1635-1777, Will Books 1-41 are in .pdf format for each will book on the Maryland State Archives website.

Images of the other Colonial Probate series are also available on the Maryland State Archives website under "links" on each page:

The Prerogative Court of Maryland, 1674-1718, Inventories and Accounts

The Prerogative Court of Maryland, 1718-1777, Inventories

The Prerogative Court of Maryland, 1718-1777, Accounts

The Prerogative Court of Maryland, 1657-1777, Testamentary Proceedings

The Prerogative Court of Maryland, 1751-1776, Balance Books

The FamilySearch Library has copies of many Maryland records. FamilySearch has begun to digitize their collection:

1629-1983 Maryland, Register of Wills Books, 1629-1983 at FamilySearch - How to Use this Collection; images. Currently includes Allegany, Anne Arundel, Baltimore, Calvert, Caroline, Carroll, Cecil, Charles, Frederick, Garrett, Harford, Howard, Kent, Montgomery, Prince George’s, Queen Anne’s, Somerset, St. Mary’s, Talbot, Washington and Worcester counties.
1796-1940 Maryland, Probate Estate and Guardianship Files, 1796-1940 at FamilySearch - How to Use this Collection; index & images

Description. Currently includes Allegany (1779-1946), Calvert (1882-1940), Caroline (1838-1940), Cecil (1851-1940), Kent (1749-1940), Prince George's (1796-1940), and Queen Anne's (1833-1940), Somerset (1789-1946), and Wicomico counties (1868-1940).

Additional records are available at the Library on microfilm:

Will books, 1635 to 1777 FS Library 12841-FS Library 12858
Testamentary proceedings, 1657 to 1777 FS Library 12930-FS Library 12940
Accounts of estates, 1718 to 1777 FS Library 12899-FS Library 12917
Inventories and accounts of estates, 1674 to 1718 FS Library 12918-FS Library 12928
Inventories of estates, 1718 to 1777 FS Library 12862-FS Library 12897.
Balance books of estates after payment to heirs, 1751 to 1776 FS Library 1286

The following can help you locate colonial wills:

Cotton, Jane Baldwin, and Roberta B. Henry. The Maryland Calendar of Wills. 1904-28. 16 Volumes. Reprint. Baltimore, Maryland: Genealogical Publishing Company, 1968. FS Library 975.2 P28c 1968; vols. 1-8 on film FS Library 873762-FS Library 873764; vols. 1-8 on fiche FS Library 6046924. These publications contain abstracts of wills 1635 to 1777.

Online Digital Versions of The Maryland Calendar of Wills 1635-1777, 8 Volumes

Vol.	Years	Websites
1	1635-1685	FamilySearch Digital Library; Ancestry ($); Google Books; USGenNet
2	1685-1702	FamilySearch Digital Library; Ancestry ($); Google Books; Internet Archive; USGenNet (partial).
3	1703-1713	FamilySearch Digital Library; Ancestry ($)
4	1713-1720	FamilySearch Digital Library; Ancestry ($)
5	1720-1726	FamilySearch Digital Library; Ancestry ($)
6	1726-1732	FamilySearch Digital Library; Ancestry ($); Google Books; Internet Archive
7	1732-1738	FamilySearch Digital Library; Ancestry ($)
8	1738-1743	FamilySearch Digital Library; Ancestry ($)

Additional finding aids include:

Hume, Joan. Maryland, Index to the Wills of . . . Four Volumes. Baltimore, Maryland: Carta Book Company, 1970. These volumes cover seven counties and index the names of persons leaving a will. The indexes generally extend to 1960 (FamilySearch Library various call numbers: do an author search to locate.)
Index to Inventories of Estates, 1718-1777. Annapolis, Maryland: Hall of Records Commission, 1947. FS Library 12898
Magruder, James M., Jr. Index of Maryland Colonial Wills, 1635-1777. 1933. Reprint, Baltimore, Maryland: Genealogical Publishing, 1967. FS Library 975.2 P22m 1967 This is a name index of early wills. The 1933 edition is available in book FS Library 975.2 S2m, 3 volumes and on microfilm FS Library 1425640 Items 1-3. This indexes the Maryland colonial wills that are contained in the Prerogative Court records (see listing above).
Magruder, James M., Jr. Maryland Colonial Abstracts, Wills, Accounts and Inventories. Five Volumes. 1934-35. Reprint in 1 Volume, Baltimore, Maryland: Genealogical Publishing Company, 1968. FS Library 975.2 S2mj and FS Library 975.2 S2mj 1968 (The later is one bound book of all five volumes.) This has abstracts for the years 1772 to 1777.

Before 1777 all probate records were filed with the Prerogative Court. Four types of probate records that are abstracted for this time period are:

Skinner, Vernon L., Jr. Abstracts of the Balance Books of the Prerogative Court of Maryland, 1751-1777. Four Volumes (Vol. 1 is under the title Maryland Balance Book), Westminster, Maryland: Family Line Publications. 1995. FS Library 975.2 P28m These books show the distribution of an estate to heirs after payments had been made. These books only existed for 1751 through 1777.
Skinner, Vernon L., Jr. Abstracts of the Inventories and Accounts of the Prerogative Court of Maryland, 1674-1678, 1699-1718. 11 Volumes. Ongoing. Westminster, Maryland: Family Line Publications, 1992. FS Library 975.2 P28sa
Skinner, Vernon L., Jr. Abstracts of the Inventories of the Prerogative Court of Maryland, 1718-1777. 17 Volumes. Westminster, Maryland: Family Line Publications, 1981-1988. FS Library 975.2 P28s
Skinner, Vernon L., Jr. Abstracts of the Administration Accounts of the Prerogative Court . . .11 Volumes. Westminster, Maryland: Family Line, 1995. FS Library 975.2 P28sk These cover 1718 to 1777.
Skinner, Vernon L., Jr. Abstracts of the Testamentary Proceedings of the Prerogative Court of Maryland. 10 vols. Baltimore, Md. Genealogical Publishing for the Clearfield Co., 2004-2007. FS Library 975.2 P28sat These books cover the years 1658-1707.

Noted Maryland genealogist George Ely Russell wrote an interesting article about prejudices detected in colonial Maryland wills:

Russell, George Ely. "Pride and Prejudice: Conditional Bequests in Colonial Wills," The American Genealogist, Vol. 45, No. 1 (Jan. 1969):18-21. FS Library 973 D25aga v. 45; digital version at American Ancestors by NEHGS ($).

Proved in London[edit | edit source]

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:

Coldham, Peter Wilson. English Estates of American Colonists: American Wills and Administrations in the Prerogative Court of Canterbury, 1610-1699. Baltimore: Genealogical Publishing Co., 1980. Digital version at Ancestry ($).
Coldham, Peter Wilson. English Estates of American Colonists: American Wills and Administrations in the Prerogative Court of Canterbury, 1700-1799. Baltimore: Genealogical Publishing Co., 1980. Digital version of 1991 reprint available at Ancestry ($).
Coldham, Peter Wilson. English Estates of American Colonists: American Wills and Administrations in the Prerogative Court of Canterbury, 1800-1858. Baltimore: Genealogical Publishing Co., 1981. Digital version at Ancestry ($).
Coldham, Peter Wilson. American Wills & Administrations in the Prerogative Court of Canterbury, 1610-1857. Baltimore, Md.: Genealogical Publishing Co., 1989. FS Library 942 P27c; digital version at Ancestry ($).
Coldham, Peter Wilson. American Wills Proved in London, 1611-1775. Baltimore, Md.: Genealogical Publishing Co., 1992. FS Library 973 P27ca; digital version at Ancestry ($).
Coldham, Peter Wilson. North American Wills Registered in London, 1611-1857. Baltimore, Md.: Genealogical Publishing Co., 2007. FS Library 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 pay-per-view websites:

Prerogative Court of Canterbury Wills (1384-1858) ($) at The National Archives, UK.
PCC Wills Index and Images (1384-1858) ($) at The Genealogist.
Prerogative Court of Canterbury Wills, 1384-1858 ($) at Ancestry.

Proved in Edinburgh[edit | edit source]

The wills of some Maryland residents were proved in Edinburgh, Scotland, see:

Dobson, David. Scottish-American Wills, 1650-1900. Baltimore, Maryland: Genealogical Publishing Company, 1991. FS Library Book 973 P22d. Over 2,000 citations including name, occupation, residence, and date.^[2]

If you find a will abstact that interests you in Dobson's book, it is now possible to view digital images of the original records online at a United Kingdom pay-per-view website:

Wills & Testaments (1513-1901), courtesy: Scotlands People

Research Guides[edit | edit source]

"Probate Records," Guide to Government Records at Maryland State Archives.
Rose, Christine. Courthouse Research for Family Historians: Your Guide to Genealogical Treasures. San Jose, California: CR Publications, 2004. Of particular interest are the chapters, "Estates Galore," "Estate Documents," "Milking Every Clue from Estates," and "Strategies that Work." FS Library Collection
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. FS Library Collection

State Statutes[edit | edit source]

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.

Additional information about Maryland state statutes relating to probate matters can be found at law libraries. For example:

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[edit | edit source]

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.

References[edit | edit source]

↑ Henry Campbell Black, Black's Law Dictionary, 5th ed. (St. Paul, Minnesota: West Publishing Co., 1979), 1081, "probate."
↑ Most of these references were taken from the Commissariat Court of Edinburgh (now the Sheriff Court of Edinburgh) and the Index to Personal Estates of Defuncts, 1846-1866.

[1] Henry Campbell Black, Black's Law Dictionary, 5th ed. (St. Paul, Minnesota: West Publishing Co., 1979), 1081, "probate."

[2] Most of these references were taken from the Commissariat Court of Edinburgh (now the Sheriff Court of Edinburgh) and the Index to Personal Estates of Defuncts, 1846-1866.

[1]

[2]