Maryland, Probate Estate and Guardianship Files, 1796-1940

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.

Additional records and/or images may be added to this collection in the future.

To Browse This Collection

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

Collection Content

Sample Images

• Maryland Probate Documents Examples
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  1929 Court Petition

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  1929 Executor's Bond

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  1908 Documentation of Will

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  1934 Will