Reference & Research
350 Rowe Boulevard
Annapolis, MD 21401
MD toll free (800) 235-4045
or (410) 260-6400
fax: (410) 974-2525
email:
ref@mdsa.net
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Maryland State Archives Reference & Research |
350 Rowe Boulevard
Annapolis, MD 21401
MD toll free (800) 235-4045
or (410) 260-6400
fax: (410) 974-2525
email:
ref@mdsa.net
|
|
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Probate Records
INTRODUCTION
Probate records are all those documents that trace the settling of an
estate by the executors or administrators of a decedent. The records range
from major records such as wills, inventories, and accounts to less well
known documents such as renunciations, petitions, and indentures.
Not everyone who died left a will. Even people who owned a great deal
of property may have died intestate (i.e., without making a will).
Even if someone died without a will there are other records that can be
used to locate the heirs.
When someone died before 1777, the usual procedure was for the next
of kin or other persons, such as creditors, concerned with the estate to
go to the county court house and find the Deputy Commissary, and initiate
the probation of the estate. If the decedent left a will, the will
would be copied in the county will books and the Prerogative Court's will
books as well. Theoretically, there should be three sets of each document:
the copy made in the Prerogative
Court, the copy recorded in the county court, and the original documents.
Some of the officials involved in this process were the:
After 1777 the concerned persons went to the county court house and
applied for letters of administration. Each county established an orphans
court with judges, and a register of wills.
Things to remember when searching for probate records:
Wills are the written testamentary wishes of an individual, and show that the testator was alive on the day that the will was signed, and had died before the day on which the will was proven or filed for probate. They may give the names of heirs, the property or bequests each was to receive, and the name of the person or persons who were to carry out the wishes of the testator. Wills may contain references to the institutions the testator supported, where his or her relatives were buried, or other indications of his or her state of mind. The Archives contains wills recorded in the Prerogative Court from 1635 to 1777 (Only the microfilm copies now circulate). The Archives has Provincial Wills, filed in the Prerogative Court from
1666 to 1777, which may be found in the following record series:
The Archives also has County Wills formerly deposited at county court
houses. Many original record
books have been accessioned, and some are available on microfilm.
Other record books have been recently
transferred and have not been accessioned.
Inventories are lists of personal property owned by the deceased, drawn up by two appraisers, who would list everything in the house, the barn, and the tool shed, and appraise the items in terms of money or in tobacco. After about 1712, the inventory would have been signed by two of the "greatest creditors" and two of the adult "nearest of kin." From 1674 to 1718 Inventories are filed in the same recorded as Inventories
and Accounts. Provincial inventories and accounts may be found in the following
series:
From 1718 to 1777 the Prerogative Court kept a separate series of Inventories.
Provincial inventories may be found in the following series:
The Archives also has County Inventories formerly deposited at county court houses. Many original record books have been accessioned, and some are available on microfilm. Other record books have been recently transferred and have not been accessioned. Inventories are also found in other papers, such as Testamentary Proceedings.
PREROGATIVE COURT (Testamentary Proceedings) 1D MSA S526-4 MdHR 957-4 Administration Accounts were kept to show what debts were paid to the estate, and what disbursements were made. When all accounts had been settled, the remainder was distributed to the heirs and legatees. In some counties, such as Anne Arundel and Harford, there were separate books of distributions. In other counties, the distribution was recorded right after the final account. From 1674 to 1718 the Prerogative Court kept the Accounts in the same
series of records as the Inventories. Provincial accounts for this period
can be found in the following series:
After 1718 there was a separate Prerogative Court series for Accounts. Provincial Administration Accounts may be found in the following series:
The Archives also has County Administration Accounts formerly deposited
at county court houses. Many original
record books have been accessioned, and some are available on microfilm.
Other record books have been
recently transferred and have not been accessioned.
Testamentary Proceedings contain notations on all wills, inventories, and administration accounts that were brought into the Prerogative Court office. From time to time, there were petitions from heirs who felt that they were not receiving their fair share of the estate of the decedent. The Archives has Testamentary Proceedings of the Prerogative Court from
1657 to 1777. The index to these proceedings is Index # 2 in the Search
Room. Testamentary papers and proceedings can be found in the following
series:
Estate Dockets, Registers of Administrations, or Administration
Dockets contain information on estates for which letters of administration
have been granted. They show the name of the decedent, whether he or she
left a will, the name of the executors or administrators, the names of
the sureties, and the dates and amounts created by the inventories and
sale of effects, as well as the dates on which administration accounts
were filed.
These County Estate Dockets or Registrations of Administrations
or of Estates, formerly deposited at the county court houses have
been accessioned at the Archives in the original
record books or on microfilm.
Other record books may have been recently
transferred and have not been accessioned.
Administration Bonds were records of money posted by the accountant(s) (i.e., executor(s) or administrator(s)) to ensure that they would faithfully carry out their duties. Usually two individuals, or sureties, would sign the bond as well. Note the names of the sureties because there is a possibility that one would be from the husband's side of the family, and the other would be from the wife's side of the family. Early bonds often carried additional notes. For instance, in one case a widow stated that she did not want to administer her husband's estate as she was too old and she would prefer that her oldest son administer his father's estate. If a widow did administer her husband's estate, and, if she remarried, she and her new husband would have to post a new bond. These County Administration Bonds, formerly deposited at the county
court houses have been accessioned at the Archives in the original
record books or on microfilm.
Other record books may have been recently
transferred and have not been accessioned.
Orphans Court Proceedings contain a record of the proceedings of the orphans court in each county. In addition to showing when wills and other documents were brought in to be recorded, these proceedings may contain records of orphans being bound out as apprentices, or of guardians being appointed. Sometimes in the period during and after the Revolutionary War, veteran of that conflict would appear in the Orphans Court petitioning for financial aid. These County Orphans Court Proceedings, formerly deposited at the county
court houses have been accessioned at the Archives in the original
record books or on microfilm.
Other record books may have been recently
transferred and have not been accessioned.
Accounts of Sales show what personal property was sold, who bought it, and the price paid. Note when a great deal of furniture is purchased for a low price, it might have been the widow who was buying it. These County Accounts of Sales, formerly deposited at the county court
houses have been accessioned at the Archives in the original
record books or on microfilm.
Other record books may have been recently
transferred and have not been accessioned.
Balance Books were kept by the Prerogative Court from 1751 to 1777. They showed the name of the decedent, the accountant (i.e., executor or administrator), the names of the sureties, the balance to be divided up among the heirs, and the names of the heirs. Unfortunately, many times there was a notation that "the names of the heirs are not known to this [Prerogative Court] Office." Balance books for the provincial period can be found in the following
series;
Distributions for Anne Arundel, Caroline, Cecil, Dorchester, Frederick,
Harford, Prince George's, St. Mary's, Talbot, Washington, and Worcester
Counties are found at the Archives in the original
record books or on microfilm.
In a few cases they are found in the Original
Transferred Series or the Microfilm
Transferred Series . In other counties, such as Baltimore and Carroll,
the distributions are incorporated into the administration accounts.
Indentures were written agreements, and were sometimes found as contracts whereby a parent or grandparent, (or judges of the Orphans Court) would bind a child over to a master who would agree to teach the child to read, write, and cipher to the rule of three, and to teach a specific trade within a specified time. The apprentice would agree to serve the master, to learn the trade, and not to gamble or engage in other activities that would impair his or her usefulness to his master. The indentures of the Baltimore County Orphans Court contain indentures of children from many other counties, and even from outside Maryland. These County Indentures, formerly deposited at the county court houses
have been accessioned at the Archives in the original
record books or on microfilm.
Other record books may have been recently
transferred and have not been accessioned.
Petitions shed light on the problems encountered by executors and administrators of estates, widows, and orphans. Sometimes the personal estate had to be sold to settle the debts. Sometimes uncooperative heirs made it difficult to render a final account. Many times children who had been bound out as apprentices or their mothers complained that the master was mistreating the child, or not teaching the trade as required by the indenture. These Petitions are found at the Archives in the original
record books or on microfilm.
Renunciations give the name of the deceased, and were filed when his or her administrator or executor declined to serve in that capacity, due to old age or ill health, or for any other reason. Sometimes all of the heirs signed stating that they all declined to administer the estate, and they would prefer that a specific individual be granted letters of administration. These County Renunciations, formerly deposited at the county court
houses have been accessioned at the Archives in the original
record books or on microfilm.
Other record books may have been recently
transferred and have not been accessioned.
Guardian Bonds were bonds posted by the legally appointed guardian, stating that he or she would render an accurate account of all moneys spent for the education, clothing, and food for a minor heir. These County Guardian Bonds, formerly deposited at the county
court houses have been accessioned at the Archives in the original
record books or on microfilm.
Other record books may have been recently
transferred and have not been accessioned.
Guardian Accounts were the accounts of money spent each year by a guardian. Once accounts were no longer filed, it could mean that the child had attained his or her majority or perhaps that the child had died. These County Guardian Bonds, formerly deposited at the county
court houses have been accessioned at the Archives in the original
record books or on microfilm.
Other record books may have been recently
transferred and have not been accessioned.
RELATED COURT RECORDS Chancery Records Many times disputes over estates and inheritance would arise. When this
happened families took their disputes to Court. Prior to 1854 the petitions
of the complainants, the responses of the defendants and
the depositions of friends, neighbors and other relatives would
be filed with the Court of Chancery, either in Chancery Papers or in large
volumes of the Chancery Record.. Chancery cases may be found in the following
series:
Baltimore County and Baltimore City had their own chancery records.
In 1854 the Court of Chancery was abolished. Disputes over inheritance
would be tried in the county courts. Look for the following records under the county circuit courts.
Insolvency Records From time to time some people had to file for the benefit of an Act
for Insolvent Debtors. These records can be found in:
Questions regarding Archives collections and services should be directed to the Reference Services Department at: ref@mdsa.net |
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