Reference and Research Using Probate in Maryland and Beyond

Reference and Research Using Probate in Maryland and Beyond

Probate records can be very useful in researching family history, because they contain documents that trace the settling of a piece of property by the executor or administrator of decedent.  The records that are in probate courts are such things as wills, inventories, petitions, renunciations, and even indentures. 

Researching probate records to find information on deceased relatives from this generation or long ago can provide the amateur family historian will valuable dates and places to complete a family tree.  Not everyone who died wrote a will before death, even if they owned a great deal of property.  People who die without a will are known to have died "intestate," (without a will).  Someone who dies after making out a will dies "testate," (with a will).  However, even if someone dies without a will, the probate records of the handling of the estate can be used to locate heirs and beneficiaries of the estate and other information.

Before 1777-

Before 1777, when someone died, the usual process involved the next of kin or others concerned with the estate to go to the county courthouse and find a Deputy Commissary, who would then start the probate process for the estate.  If the deceased left a will, then the will would be copied and placed in the county books.  Another court called the Prerogative Court would also keep a copy of the will, making two copies and the original will. 

One of the officials who were involved in the process were the Commissary General, who originally had jurisdiction over probate matters, but later became primarily involved with the hearing of disputes.  Next, the Deputy Commissary, who recorded the will or account in his own set of books, and would also send documents from his office to the Prerogative Court to be recorded again.The Chief Clerk and Register along with the Register's clerks were also involved in the probate process in those days.

After 1777-

After 1777, when someone died, the concerned persons went to the county courthouse and applied for Letters of Administration.  By this time, each county had established a register of wills and a court for orphans, complete with judges to rule in each case. 
You need to remember when searching through probate records, that before 1777, records were kept at the county or colonial level and that after 1777, the Prerogative Court was abolished and an Office of Register of Wills was established in each county for the process of records.  You will need to search through old records diligently because you never know where you will find valuable information on the decedent you are researching.  Many of the oldest records in Maryland and all over the United States have been converted to microfilm or compiled and store in other convenient ways, with indexes on web pages on internet home pages to aid in family research.  Because of the potential difficulty of finding old records, it is a good idea if you contact the clerks at the courthouse you will be visiting, many days in advance, to give them an opportunity to find the files, prior to you traveling to the location.