Find Maryland Probate Court Records

Maryland probate court records are kept by the Register of Wills in each of the state's 24 jurisdictions. These records cover wills, estate filings, guardianships, and Orphans' Court proceedings. You can search probate court records online through the state's Estate Search system, which has data going back to 1998 for all Maryland counties and Baltimore City. In-person requests go through your local Register of Wills office. The Maryland State Archives also holds historical probate court records dating back to 1634, with many of these collections available for free online research.

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Maryland Probate Court Records Overview

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The Register of Wills is the main source for probate court records in Maryland. Each of Maryland's 23 counties and Baltimore City has its own Register of Wills who serves as the Clerk to the Orphans' Court. This office handles estate filings, stores wills, and manages all probate court records for that jurisdiction. You can visit in person, call, or use online tools to find what you need. Most offices are open Monday through Friday from 8:30 a.m. to 4:30 p.m., though hours can vary by county. Many offices now ask that you call ahead or set an appointment before you visit.

The Maryland Register of Wills website gives you access to the Estate Search system. This is the fastest way to look up probate court records from home. You can search by last name, first name, estate number, or filing date. The data is updated at the end of each business day. Records go back to 1998 for all jurisdictions in Maryland, and some counties have put in older records too.

Maryland Register of Wills probate court records search portal

Beyond the Register of Wills, the Maryland State Archives holds microfilm copies of all county probate records. Colonial era records from the Prerogative Court span 1634 to 1777. The Archives also has Will Books 1 through 41 in PDF format for free online viewing.

Types of Probate Records in Maryland

Maryland probate court records include many types of documents. Wills are the most well known. They spell out how a person wants their property split after death. Under Md. Code, Estates and Trusts § 4-202, a will must be filed with the Register of Wills after the person dies. The Register keeps the original on file as part of the permanent probate court records for that jurisdiction.

The Maryland Judiciary's wills and estates page explains that estate administration records make up the bulk of probate court records in Maryland. These include petitions for probate, letters of administration, inventories, accounts, and bonds. A personal representative must file an inventory within three months of being appointed under § 7-101. The list of interested persons is due within 20 days. The first accounting comes due at nine months. These filings all become part of the public record.

Maryland Judiciary wills and estates probate court records help page

Other types of probate court records in Maryland include:

  • Guardianship records for minors and incapacitated adults
  • Conservatorship records for protected persons' property
  • Trust administration documents under the Maryland Trust Act
  • Orphans' Court hearing decisions and orders
  • Accounts of sale for estate assets

Opening an Estate in Maryland

Maryland has four types of probate. Administrative probate is for uncontested wills. The Register of Wills handles this without a hearing. Judicial probate goes through the Orphans' Court when there are disputes about the will or the estate. Small estate administration is a faster process for estates worth $50,000 or less, or $100,000 if the surviving spouse is the sole heir, as set by § 5-601. Modified administration offers a middle path for estates that qualify.

To open an estate in Maryland, you need to bring several documents to the Register of Wills. These include the original death certificate, the original will if there is one, a funeral contract or bill, bank and investment account statements, vehicle titles, and real property details. You also need the names and addresses of all interested persons. The Register of Wills office can walk you through what is needed. Most offices strongly suggest you call first so you arrive with the right papers.

Maryland Judiciary probate court records resource page

Creditors have six months from the date of death to file claims against an estate under § 8-103. The personal representative must publish a notice to creditors in a local newspaper. This notice also goes out to unknown heirs. Once the estate is open, all filings become part of the probate court records and are available for public search through the Estate Search system.

Maryland Probate Court Records Fees

Probate fees in Maryland depend on the value of the estate. For estates opened after October 1, 2022, the fee schedule runs from $0 for estates under $50,000 up to $10,000 for estates valued at $7.5 million to $10 million. Estates over $10 million pay $10,000 plus 0.02% of the excess. Small estates under $50,000 have no filing fee at all. Estates between $100,000 and $500,000 pay $200. Estates between $500,000 and $1 million owe $1,000.

Copy fees and search fees vary by county. Some Register of Wills offices charge per page for copies of probate court records. Certified copies cost more than plain ones. The Maryland People's Law Library has a full breakdown of what to expect when opening an estate. You can also access probate court records for free through the online Estate Search portal without paying any fee.

Note: Maryland inheritance tax applies to collateral heirs like nieces, nephews, and cousins, but direct heirs such as spouses, children, and siblings pay no inheritance tax.

Historical Probate Court Records in Maryland

Maryland has one of the oldest probate record systems in the country. The Prerogative Court handled probate matters at the provincial level from 1634 to 1777. A Commissary General presided over this court, and deputy commissaries served in each county. After 1777, the Prerogative Court was abolished and each county got its own Register of Wills and Orphans' Court. There has been no central probate recording office since the first State Constitution was adopted.

The Maryland State Archives Guide to Government Records is the best starting point for finding historical probate court records. The Archives holds will books, administration accounts, inventories, bonds, and guardian records for every county in Maryland. Many of these date back to the 1600s. Some counties like Kent County have records from 1642 and Baltimore County from 1666.

Maryland State Archives probate court records collection Maryland State Archives guide to probate court records research

For genealogy research, FamilySearch has digitized many Maryland probate collections including Register of Wills Books from 1629 to 1999 and probate estate and guardianship files from 1796 to 1940. The Maryland Genealogical Society offers members-only databases with will and probate indexes. The Ancestor Hunt maintains a free list of Maryland probate records available online.

Maryland Probate Legal Resources

MDLandRec.net provides access to Maryland land records that often tie into probate matters. Property transfers through an estate may show up in the land records system. You need a free account to search. This can be a helpful tool when you need to trace real estate that passed through probate court records in Maryland.

MDLandRec.net for Maryland probate court records related land records

Maryland Legal Aid provides free help to people with low income who need assistance with probate matters. The Volunteer Lawyers Service can be reached at 800-510-0050. The Maryland Senior Legal Helpline at 1-800-896-4213 ext. 7760 helps older adults with estate questions. The Maryland State Bar Association at 800-492-1964 runs a lawyer referral service for those who need an attorney for probate court records issues or estate administration in Maryland.

When searching for a specific statute, the Maryland Estates and Trusts Code is available online through FindLaw. Key sections include Title 5 for opening estates, Title 7 for administration rules, and Title 14.5 for the Maryland Trust Act. The Orphans' Court has jurisdiction over judicial probate under §§ 2-101 through 2-303. Understanding these laws can help you navigate the probate court records process in Maryland.

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Browse Maryland Probate Court Records by County

Each county in Maryland has its own Register of Wills who keeps probate court records. Pick a county below to find local contact info, office hours, and resources for probate records in that area.

View All 24 Maryland Jurisdictions

Probate Court Records in Maryland Cities

Maryland cities do not have separate probate courts. All probate court records are handled at the county level through the Register of Wills. Pick a city below to find which county handles probate for that area.

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