Facts on Local Court Records

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   In many cases, efforts to recover the early proprietary records of Maryland, which were privately kept by the Calvert family, have been successful although some material has disappeared. The earliest surviving proprietary and royal papers for the period 1637 to 1785 were published in Calendar of Maryland State Papers No. 1 The Black Books (1943; reprint, Baltimore: Genealogical Publishing Co., 1967). At the Maryland State Archives are various records of and indexes to the provincial and general court (1658-1805) and the chancery (equity) court (1668-1851). An index to depositions from a variety of sources, 1668-1789, was published in the Maryland Historical Magazine 23 (1928): 101-54, 197-242, 293-343. Other early court and related records have been published and indexed, such as provincial and county records from 1637 to the 1780s in volumes of The Archives of Maryland.

Many twentieth century court records are still in the counties, with earlier records or copies in the state archives. In the orphans' court, the clerk of which is the register of wills, are wills and other estate records. Taxes and road surveys are in the commissioner's office. It should be noted, however, that much more material has been transferred from the counties to the state archives since the publication of the work, and updated information should be sought in Annapolis.

Before 1777 estates were recorded in the Prerogative Court, thus the records are "complete" despite courthouse fires and other losses at the county level. These include wills, inventories, accounts, balances of final distribution, and testamentary proceedings, all indexed at the state archives.

• Maryland Records Colonial, Revolutionary, County, and Church from Original Sources Vol. I

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Facts on Local Probate Records

   After 1777 probates were recorded in the county orphans' court. Indexes to wills kept in courthouses have been published for the counties of Allegany, Anne Arundel, Baltimore, Calvert, Charles, Garrett, Harford, Howard, Kent, Prince Georges, St. Marys, Somerset, and Washington. Some abstracts are found in journals, such as those for Frederick County in Western Maryland Genealogy, as are indexes, such as that for Carroll County in the Carrolltonian (1984). Other county estate records that have been published include administrations, inventories, guardianship bonds, and distributions.

While some early original will books and other record volumes of estate records have been retained in the counties, most of these have been transferred to the state archives and are also available there on microfilm. Films of early records are found in a few of the counties. 

• Maryland Calendar of Wills: This database contains wills of Maryland residents from 1635-1685, yet there are many wills to be found even into the eighteenth century.

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Tips for General Court Records

Excerpts From the Book "Family History Made Easy"

   Even today, few people escape mention in court records at some time during their lives as witnesses, litigants, jurors, appointees to office, or as petition signatories. However, Americans of a few generations ago also expected to attend local court proceedings when they were in session.
Arlene H. Eakle, Ph.D. “Research in Court Records”
In The Source: A Guidebook of American Genealogy

   American court files mirror U.S. history. Buried away in courthouses and archives everywhere are the dreams and frustrations of millions of citizens. The chances are great that your ancestors have left a detailed record of at least some aspects of their lives in court records.

   Most of us don’t think of court records as the rich source of personal history that they are. But America’s English heritage established a tradition of court processes in which the people have a right to participate actively—and we always have. With relative freedom from royal supervision and with court enforcement of religious as well as civil laws, American courts tried many matters that were not subject to court action in other parts of the British empire and that are now considered too minor to warrant criminal action.

   When a person dies, every state has laws that provide for public supervision over the estate that is left, whether or not there is a will. The term “probate records” broadly covers all the records produced by these laws, although, strictly speaking, “probate” applies only when there is a will.

   Family historians use probate case files far more than any other kind of court record. Probate case files are logical sources because they tend to include so much personal data, and because Americans have depended on the courts to settle their estates since North America was colonized. According to Val Greenwood in his Researcher’s Guide to American Genealogy, “All records which relate to the disposition of an estate after its owner’s death are referred to as probate records. These are many and varied in both content and value, but basically, they fall into two main classes: testate and intestate” (page 255). Probate case files generally provide names, addresses, and biographical data for the deceased, but frequently provide the same information for other relatives named in the papers. Relationships, maiden names of wives, married names of daughters, past residences, and place of origin in a native country are just a few of the details that can be discovered in probate files. And probate files can be found in courthouses and archives across the United States.

   When requesting probate information from the county clerk, it is important not to limit yourself by asking for a person’s “will.” The clerk will usually take you at your word and not copy other papers in the probate file that may have equally important information if there is no will.

   Even if your ancestor is not mentioned in a probate case, consider all of the other procedures which might have resulted in him or her appearing in court records:

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