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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. In addition, during the colonial period, dozens of Maryland wills were proved in the Prerogative Court of Canterbury in London, England.
A card index to Maryland probate records, kept at the Maryland State Archives, is available online:
Proved in Maryland
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 the "Archives and Libraries" section of this outline). The Archives also has a card index of probate records from 1634 to 1854.
The Family History Library has various records from the counties, including wills and inventories for approximately 1777 to 1850. The library also has microfilm copies of Prerogative Court records, including:
- Will books, 1635 to 1777 FHL 12841-FHL 12858
- Testamentary proceedings, 1657 to 1777 FHL 12930-FHL 12940
- Accounts of estates, 1718 to 1777 FHL 12899-FHL 12917
- Inventories and accounts of estates, 1674 to 1718 FHL 12918-FHL 12928
- Inventories of estates, 1718 to 1777 FHL 12862-FHL 12897.
- Balance books of estates after payment to heirs, 1751 to 1776 FHL 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. FHL 975.2 P28c 1968; vols. 1-8 on film FHL 873762-FHL 873764; vols. 1-8 on fiche FHL 6046924 This contains abstracts of wills, 1635 to 1777.
- 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 (Family History Library various call numbers: do an author search to locate.)
- Index to Inventories of Estates, 1718-1777. Annapolis, Maryland: Hall of Records Commission, 1947. FHL 12898
- Magruder, James M., Jr. Index of Maryland Colonial Wills, 1635-1777. 1933. Reprint, Baltimore, Maryland: Genealogical Publishing, 1967. FHL 975.2 P22m 1967 This is a name index of early wills. The 1933 edition is available in book FHL 975.2 S2m, 3 volumes and on microfilm FHL 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. FHL 975.2 S2mj and FHL 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. FHL 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. FHL 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. FHL 975.2 P28s
- Skinner, Vernon L., Jr. Abstracts of the Administration Accounts of the Prerogative Court . . .11 Volumes. Westminster, Maryland: Family Line, 1995. FHL 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. FHL 975.2 P28sat These books cover the years 1658-1707.
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:
- 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 ($).
- Coldham, Peter Wilson. American Wills & Administrations in the Prerogative Court of Canterbury, 1610-1857. Baltimore, Md.: Genealogical Publishing Co., 1989. FHL 942 P27c; digital version at Ancestry ($).
- Coldham, Peter Wilson. American Wills Proved in London, 1611-1775. Baltimore, Md.: Genealogical Publishing Co., 1992. FHL 973 P27ca; digital version at Ancestry ($).
- 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 abstact that interests you in Coldham's books, it is now possible to view digital images of the original Prerogative Court of Canterbury wills online at two United Kingdom pay-per-view websites:
- Prerogative Court of Canterbury Wills (1384-1858), courtesy: The National Archives, UK.
- PCC Wills Index and Images (1384-1858), courtesy: The Genealogist. (in progress)
Additional probate records are listed in the Place Search of the Family History Library Catalog under:
MARYLAND - PROBATE RECORDS
MARYLAND, [COUNTY] - PROBATE RECORDS
- "Probate Records," Maryland State Archives - Guide to Government Records, available online.
- Maryland State Archives
- FamilySearch: Record Search for Cecil County Probate Estate Files from 1851 to 1940 are searchable.This free site will let you view and save.
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