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.

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 records for 20 of the 23 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 films 12841-58; computer number 167579).
• Testamentary proceedings, 1657 to 1777 (FHL films 12930-40; computer number 169014).
• Accounts of estates, 1718 to 1777 (FHL films 12899-917; computer number 168655).
• Inventories and accounts of estates, 1674 to 1718 (FHL films 12918-928; computer number 169006).
• Inventories of estates, 1718 to 1777 (FHL films 12862-897; computer number 168301).
• Balance books of estates after payment to heirs, 1751 to 1776 (FHL film 12861; computer number 167899).
  

The following can help you locate colonial wills:

Cotton, Jane Baldwin., and Roberta B. Henry. The Maryland Calendar of Wills. 1904-28. 16 vols. Reprint. Baltimore: Genealogical Publishing Company, 1968. (FHL book 975.2 P28c 1968; vols. 1-8 on films 873762-64; vols. 1-8 on fiche 6046924; computer number 257912.) This contains abstracts of wills, 1635 to 1777.

Hume, Joan. Maryland, Index to the Wills of . . . 4 vols. Baltimore: Carta Book Company, 1970. (FHL computer numbers 262467, 439481, 439157, 439138.) These volumes cover seven counties and index the names of persons leaving a will. The indexes generally extend to 1960.

Index to Inventories of Estates, 1718-1777. Annapolis, Md.: Hall of Records Commission, 1947. (FHL Film 012898; computer number 168312.)

Magruder, James M., Jr. Index of Maryland Colonial Wills, 1635-1777. 1933. Reprint, Baltimore: Genealogical Publishing , 1967. (FHL book 975.2 P2m 1967; computer number 122177.) This is a name index of early wills. The 1933 edition is on microfilm (FHL film 1425640; computer number 257999). 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. 5 vols. 1934-35. Reprint in 1 vol., Baltimore: Genealogical Publishing Company, 1968. (FHL book 975.2 S2mj 1968; computer number 257943.) 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. 4 vols., Westminster, Md.: Family Line Publications. 1995. (FHL book 975.2 P28m; computer number 757244.) 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 vols. Ongoing. Westminster, Md.: Family Line Publications, 1994. (FHL book 975.2 P28sa; computer number 711600.)

Skinner, Vernon L., Jr. Abstracts of the Inventories of the Prerogative Court of Maryland, 1718-1777. 17 vols. Westminster, Md.: Family Line Publications, 1988. (FHL book 975.2 P28s; computer number 511755.)

Skinner, Vernon L., Jr. Abstracts of the Administration Accounts of the Prerogative Court . . . 2 vols. Westminster, Md.: Family Line, 1995. (FHL book 975.2 P28sk; computer number 789491.) These cover 1718 to 1731.

Additional probate records are listed in the Locality Search of the Family History Library Catalog under:

MARYLAND - PROBATE RECORDSMARYLAND, [COUNTY] - PROBATE RECORDS

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