The Supreme Court of South Carolina
Re: Revised Records Retention Policy for Probate Courts
ADMINISTRATIVE ORDER
Pursuant to the provisions of S.C. Const. Art. V 4,
I find that, pursuant to Rule 78(a), SCRCP, the court records of the Probate Courts of the State of South Carolina shall be retained and preserved pursuant to the attached revised Records Retention Policy bearing a revision date of (04/2009).
I further find that the Records Retention Policy is in accordance with the standards set by the South Carolina Department of Archives and History.
NOW THEREFORE, pursuant to the provisions of the S.C. Const. Art. V, 4 and Rule 78(a), SCRCP, the attached Records Retention Policy bearing a revision date of April 2009, which is incorporated and made part of this Order, is hereby adopted effective immediately. This Order supersedes the February 6, 1990 and November 27, 1990 orders as well as all other orders regarding records retention for Probate Courts.
IT IS SO ORDERED.
s/Jean Hoefer Toal
Jean Hoefer Toal, Chief Justice |
Columbia, South Carolina
April
28, 2009
RECORDS RETENTION SCHEDULE FOR PROBATE COURTS
The Probate Courts must retain Decedent Estate, Guardianship, Committeeship, Conservatorship, Marriage, and Judicial Commitment records, including indices, in accordance with this policy.
GENERAL
1. | Probate Court records must be protected from theft and
unauthorized destruction. Each county shall provide safe and
secure facilities for storage of Probate Court Records and files covered
by this Order. |
2. | No original records which are still administratively
active shall be removed from the custody of the Probate Courts except
for reasons of security or as otherwise authorized by South Carolina
Court Administration or the South Carolina Department of Archives &
History. |
3. | Probate Court records covered by this policy, other
than Commitment Records, retained in the custody of the court when all
administrative activity has ceased shall be kept as records of permanent
value according to standards approved for the storage and retrieval of
such records by the South Carolina Department of Archives & History. |
4. | Records indices which become obsolete due to
replacement will be treated as part of the record series that they index
and will be evaluated for their reference value by the South Carolina
Department of Archives & History before disposition can be made. |
5. | a. If records are microfilmed, the film must meet
microfilming and certification requirements issued by the South Carolina
Department of Archives & History as Standards for the Microfilming of
Public Records. Records may be microfilmed while administratively
active provided that the microfilm used is one which can be updated,
such as microfilm jackets or microfiche. Erasable microfilm is not
acceptable. Probate Courts microfilming records covered by the
provisions of this policy shall deposit security microfilm copies of the
filmed records with the South Carolina Department of Archives & History
for safekeeping. Security copies (a) must meet the Standards for the
Microfilming of Public Records and (b) remain the property of the
Probate Court. |
b. A Probate Court may choose to have its records
imaged so that they can be viewed on a computer or other device,
provided the standards set forth by the South Carolina Department of
Archives and History are met (see Public Records Information Leaflet No
13 and any subsequent policy statements for details). Each county
shall ensure that all imaged records are adequately protected and that
back-up copies are created and stored safely. |
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c. If a Probate Court chooses to microfilm or
image its records and make those images available in the Probate Court
or from remote locations, then once the imaged or microfilmed file is
available, the Probate Court will not be required to keep paper records
on the shelf after administrative activity on the file has ceased. |
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d. In accordance with specific timelines
set forth in this policy, records and/or film may be removed or
transferred from the Probate Court only to a storage facility
acceptable to the South Carolina Department of Archives & History or at
that departments discretion to its own custody for appropriate retention or
disposition. |
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6. | The retention requirements contained in this policy are
the minimum, i.e., one may retain records longer than timelines stated
herein. |
DECEDENT ESTATES
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7. | Original records must be retained in the Probate Court
for 75 years from case initiation, except as follows: If
microfilmed or imaged (see item 5 above), original records must be
retained in the Probate Court until all administrative action on the
file has ceased and may then be removed from the Probate Court (see Item
2 above). The microfilm or images must be retained in the Probate
Court 75 years from case initiation. |
GUARDIANSHIPS / COMMITTEESHIPS / CONSERVAT0RSHIPS
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8. | Original records must be retained in the Probate Court
for 75 years from case initiation, except as follows: If
microfilmed or imaged (see item 5 above), original records must be
retained in the Probate Court until all administrative action on the
file has ceased and may then be removed from the Probate Court (see Item
2 above). The microfilm or images must be retained in the Probate
Court 75 years from case initiation. |
MARRIAGE RECORDS
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9. |
Marriage records, including indices, applications, and licenses,
must be retained in the Probate Court permanently, except as follows: If
microfilmed or imaged (see item 5 above), original records must be retained in
the Probate Court three years from the date the marriage license is issued and
may then be removed from the Probate Court (see Item 2 above), but the microfilm
or images must be retained in the Probate Court permanently. |
COMMITMENT RECORDS
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10. | a. Original records relating to Commitment
proceedings, e.g., Mental Illness and/or Chemical Dependency cases, must
be retained in the Probate Court for a minimum of ten years from case
initiation, except as follows: If microfilmed or imaged (see item
5 above), original records must be retained in the Probate Court until
all administrative action on the file has ceased and may then be removed
from the Probate Court (see Item 2 above) or destroyed. The
microfilm or images must be retained in the Probate Court a minimum of
ten years from case initiation. The microfilm or images may then
be retained by the Probate Court or destroyed. |
b. If documents and filings are received or
processed by the Probate Court in an electronic format (e.g., image
files), the files need not be converted to paper files and the
requirements of this Order will be satisfied if those electronic records
are maintained, pursuant to paragraph 5 above, for a minimum of ten
years from case initiation. |
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DOCKET
SHEETS
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11. | a. Docket sheets related to Decedent Estates must
be retained in the Probate Court for 75 years from case initiation,
except as follows: If microfilmed (see item 5 above), original paper records
must be retained in the Probate Court five years from case initiation and may
then be removed from the Probate Court (see item 2 above) or destroyed. The
microfilm must be retained in the Probate Court 75 years from case initiation. |
12. | b. Docket sheets related to Guardianships/Committeeships/Conservatorships must be retained in the Probate Court for 75 years from case initiation, except as follows: If microfilmed (see item 5 above), original paper records must be retained in the Probate Court five years from case initiation and may then be removed from the Probate Court (see item 2 above) or destroyed. The microfilm must be retained in the Probate Court 75 years from case initiation. |