Maryland Probate Estate and Guardianship Files - FamilySearch Historical Records

What is in This Collection?
The collection includes name indexes and images of probate estate files from county offices for the years 1779 to 1940. The exact offices differ by county. Currently, the following are included in this collection:
 * Allegany County (1779-1946)
 * Baltimore City (1920-1941)
 * Calvert County (1882-1940)
 * Caroline County (1838-1940)
 * Cecil County (1851-1940)
 * Garrett County (1920-1940)
 * Kent County (1749-1940)
 * Prince George's County (1796-1940)
 * Queen Anne's County (1833-1940)
 * Somerset County (1789-1946)
 * Wicomico County (1868-1940)

The loose records were generally known as a case file or a probate packet. These files normally included wills, settlement papers, inventories, receipts, and other records pertaining to the estates.

Some probate records were recorded in books that may have been labeled with such titles as accounts, administrations, appraisals, minutes, petitions, guardianships, inventories, or settlements. Each county began keeping probate records from the time the county was created. Orphan’s Court was the name of the probate court at the county level. Probate records were generally recorded in the county where the person lived. Estates were probated for approximately 25 percent of the heads of households in the United States before 1900, whether or not the individual left a will. Wills were more likely to have been found in rural communities than in larger cities and industrial areas.

Probate records were used to legally dispose of a person’s estate after his or her death. If the deceased had made a will, the probate process transferred the following from the deceased to an executor or executrix: the legal responsibility for payment of taxes, care and custody of dependent family members, liquidation of debts, and transfer of property title to heirs. If there was no will, the transfer went to an administrator or administratrix. A guardian or conservator was appointed if the deceased had heirs younger than 21 or if the heirs were incompetent due to disability or disease.

The death date, residence, and other facts that were current at the time of the probate proceedings are reliable, but realize that there is still a chance of misinformation. The records may omit the names of deceased family members or those who had previously received an inheritance. In some cases, the spouse mentioned in the will was not the parent of the children mentioned. Also, some wills do not name family members.

What Can These Records Tell Me?
The following information may be found in these records:
 * Name of testator or deceased
 * Names of heirs, such as spouse, children, relatives, and friends
 * Name of executor, administrator, or guardian
 * Names of witnesses
 * Residence of testator
 * Dates the documents were written and recorded

How Do I Search This Collection?
Before searching this collection, it is helpful to know:
 * The name of the individual
 * The location or date of the event

How Do I Analyze the Results?
Compare each result from your search with what you know to determine if there is a match. This may require viewing multiple records or images. Keep track of your research in a research log.

I Found the Person I Was Looking For, What Now?

 * Add any new information to your records
 * Use a Probate record to identify adoptions, guardians, heirs and relatives
 * Use a will to approximate a death date, then find a death certificate
 * Use the information in the probate record to substitute for civil birth and death records for earlier years
 * Use the information to find other church and vital records such as birth, baptism, marriage, and death records. Also search for immigration, military, land and probate records
 * Use the information to find additional family members in census records
 * Search church records

I Can’t Find the Person I’m Looking For, What Now?

 * Try viewing the original record. Indexes and transcriptions may not include all the data found in the original records. Remember that there may be more than one person in the records with the same name
 * If your ancestor does not have a common name, collect entries for every person who has the same surname. This list can help you identify possible relatives that can be verified by records
 * If you cannot locate your ancestor in the locality in which you believe they lived, then try searching records of a nearby locality in an area search
 * Try variant spellings of your ancestor’s name
 * Remember that sometimes individuals went by nicknames or alternated between using first and middle names

Research Helps
The following articles will help you in your research for your family in the state of Maryland.
 * Maryland Guided Research
 * Maryland Research Tips and Strategies
 * Step-by-Step Research

Related FamilySearch Historical Record Collections

 * Maryland Register of Wills Records, 1629-1999

Citing This Collection
Citations help you keep track of places you have searched and sources you have found. Identifying your sources helps others find the records you used.