Maryland Probate Court Records

Maryland probate court records are official documents created and maintained by the Register of Wills in each county when an individual's estate is administered through the probate process. The literal meaning of probate is to prove one's will. It is the deployment of a person's assets, payment of creditors, and transferring all properties in the deceased person's name to the beneficiaries. Probate court records are beneficial in validating a decedent's will, managing or transferring assets, identifying heirs, establishing property ownership history, and resolving disputes over estate claims. Access to probate court records is governed by Maryland Rules 16-900, the Maryland Public Information Act (PIA), and the Maryland Estates and Trusts.

Are Maryland Probate Court Records Public?

Yes. All papers filed in probate estates in Maryland are public records per the Maryland Public Information Act (PIA) and Maryland Rule 16-900. Anyone can submit requests for probate court records online or in person at the Register of Wills in the county where the case was filed. However, some probate court records may be closed for confidentiality. For example, last wills and testaments filed for safekeeping by living persons are not public record. Only the testator or someone authorized by them in writing can view or remove the will from the Register of Wills' office. Last wills and testaments become public after the death of the testator.

Information Contained in Maryland Probate Court Records

Maryland probate court files contain various documents, including wills, inventories, and accounts, as well as less well-known documents such as petitions, renunciations, and indentures. The Maryland Estate Search portal provides insight into some public probate court information that can be found in probate documents in the state:

• The estate number
• Case status and case type
• Date of the will and the date the case was opened
• The date the case status was entered
• The decedant's name and date of death
• The date of the probate and the attorney's name and address
• Filing date, docket number, code, and docket description
• Pages of the document

How to Search for Maryland Probate Court Records

Maryland probate court records are maintained at the county level, so the best way to request copies is to contact the probate court in the county where the decedent lived or where the estate was administered. Each Maryland county and the City of Baltimore has a Register of Wills office that oversees probate cases. The statewide Maryland Estate Search portal is the easiest place to find copies of probate court records. The search criteria are estate number, county, estate status, estate type, party type, last name, first name, or filing date. Each county's Register of Wills updates this portal and is the primary online tool for locating recent and active estate files. Some county Register of Wills offices, like Baltimore County, accept probate court record requests by phone. Not every probate document or information is available online or over the phone. Certified copies of probate court records must be ordered directly from the appropriate county Register of Wills. Requesters must visit the office during regular business hours with the accurate copying fees. Plain copies of probate court records cost $0.50 per page.

Probate cases and related judicial proceedings may be viewed online through the Maryland Judiciary Case Search portal. Users will need a name or case number to find such records. Alternatively, individuals can visit the circuit or district court in the county where the case was handled to view or obtain copies of probate court records.

The Maryland State Archives (MSA) has an online database where individuals can find older probate court records for free. Individuals who want to access copies of such documents can submit their requests online through the Estate/Probate Record Online Form, by phone, mail, or in person. Copies of older probate court records cost $35. In-person requests can be made at the address below:

How to Request Maryland Probate Court Records Online

The primary tool for requesting probate court records online is the Maryland Estate Search. This portal allows users to search by estate number, county, estate status, estate type, party type, last name, first name, or filing date. If a probate matter involves judicial proceedings or disputes, individuals can find additional probate information on the statewide Maryland Judiciary Case Search tool. The search criteria are by name or case number. Record seekers searching for historical probate records, including older wills and inventories, should check the Maryland State Archives (MSA) website. The MSA has some probate records digitized from 1634 to the 1990s.

Although much probate information is available to the public through these online portals or sites, some information may be restricted. Such restricted records can only be copied in person at the record custodian's offices.

How to Access Maryland Probate Court Records In Person

Record seekers who wish to access Maryland probate court records in person should start by identifying the appropriate courthouse. Probate records are typically maintained by the Register of Wills in each Maryland county. Requesters should visit the courthouse where the estate was filed during business hours (Monday through Friday, 8:30 a.m. to 4:30 p.m.). Upon arrival, request to view or copy the specific estate file. Some Register of Wills offices have public viewing stations inside the office, where anyone can view any probate document or image for free. Printing from these stations costs $0.50 per page. Staff can also assist the requester in locating the probate court record using the deceased person's name, date of death, or estate number.

For probate cases involved in judicial proceedings, requesters can visit the circuit or district court in the county where the case was heard. Some courts offer public kiosks where interested individuals can view probate court information at no cost. They can also seek the assistance of staff to conduct a probate court records search. Certified copies of older probate court records can also be requested in person at the Maryland State Archives (MSA) for a fee of $35.

How Long Are Maryland Probate Records Available?

Maryland probate records are generally considered permanent court records and are not subject to a retention schedule. The Register of Wills office in the county where the estate was administered is the custodian of current probate documents. However, older probate records are available at the Maryland State Archives (MSA) for long-term preservation once local offices no longer need the physical files. The availability of probate records depends on whether the document is stored at the Register of Wills office or has been transferred to off-site storage. Many old probate records are indexed online through the MSA database, but in-person or written requests are also acceptable.

State Probate Courts: What You Need to Know

The Orphans' Court is Maryland's probate court and oversees the administration of estates. Each county (except Montgomery and Harford) and Baltimore City has an Orphans' Court, whose primary duty is to supervise the management of the estates of deceased persons who own property in their sole name. These courts also have the authority to direct the conduct of personal representatives, handle the guardianship of minors' property, and appoint guardians for minors. Each Orphans' Court has an Office of Register of Wills, serving as the court clerk. The clerk is responsible for maintaining, preserving, and disseminating probate court records.

Can You Access Probate Records for Free?

In Maryland, several resources offer free access to probate records. The Maryland Estate Search portal provides the public with a free online resource to view estate case information. Users will need an estate number, county, estate status, estate type, party type, last name, first name, or filing date to search. Many Register of Wills offices in Maryland also offer public viewing stations within their offices, where individuals can access probate documents and images at no cost. Individuals would need to provide the decedent's name or case number to access the information on the computer. For older records, the Maryland State Archives (MSA) maintains a searchable online database that includes probate records dating back to the 17th century, which are also available for free. Free access to probate records is available only to individuals who wish to view them. Those needing plain or certified copies of probate records must pay a small fee. For example, Register of Wills offices charge $0.50 per page while the MSA charges $35 per copy.

What to Do If You Can't Find a Probate Record

Record seekers who encounter difficulties finding a probate record may begin by checking if the deceased person's name is spelled correctly using spelling variations or alternate spellings, because the name may have been recorded incorrectly or differently than expected. Also consider searching the county where the deceased person died. Check neighboring counties or jurisdictions close to where the person lived. The requester may also adjust the filing date ranges, as probate filings can occur months or even years after the person's death.

If the Maryland Estate Search portal or the Maryland State Archives (MSA) database still returns nothing, contact the Register of Wills in the county where the person died. They can suggest alternative search strategies, such as checking related estate records, executor appointments, or guardianship filings.