Rule 26.04. Retention schedule for Court of Common Pleas — Probate Jurisdiction Case Files

(A) Definition "Record of documents" means a collection of single or several page documents, which includes petitions, applications, or affidavits, either original or copies, and information pertaining to those documents, or other information considered necessary by the court.

(B) Closed case file For purposes of this rule, a case file of an estate, trust, or other fiduciary relationship shall be considered closed when a final accounting has been filed and, if required by law at the time of the filing, the account has been approved and settled. All other case files shall be considered closed when the probate division orders the matter closed or issues a final judgment.

(C) Required records

(1) Dockets

(a) The probate division shall maintain the following dockets:

(i) An administration docket showing the grant of letters of administration or letters testamentary, the name of the decedent, the amount of bond and names of sureties in the bond, the date of filing, and a brief note of each order or proceeding relating to the estate with reference to the journal or other record in which the order or proceeding is found;

(ii) A guardian's docket showing the name of each ward and, if the ward is a minor, the ward's age and name of the ward's parents, any limited powers or limited duration of powers, date of filing, and a brief note of orders and proceedings as described in division (i) of this section;

(iii) A civil docket showing the names of the parties, commencement date, filings and a brief note of orders, and date of filings and orders in actions and proceedings;

(iv) A testamentary trust docket showing the names of the testator and trustee or trustees;

(v) A change of name docket showing the name of the petitioner and the present and proposed name of the person whose name is to be changed;

(vi) A birth registration and correction docket showing the name of the person whose birth certificate is being registered or corrected. The docket shall be kept in the form and manner that may be designated by the director of health.

(vii) A civil commitment docket showing the name of the prospective patient;

(viii) A separate adoption docket, in accordance with R.C. 3107.17, showing the name of the child as it would exist after finalization of the adoption and the name or names of the adoptive parent or parents;

(ix) A miscellaneous docket showing the names of parties or petitioners and the nature of the action or proceeding. The miscellaneous docket shall be limited to actions within the probate division's jurisdiction that are not kept in one of the other dockets described in division (C)(1) of this rule. A miscellaneous docket may be subdivided or grouped into sections containing files or records of similar content if the number of filings merits.

(b) All dockets of the probate division shall contain the following information, to the extent applicable:

(i) The dates of filing or occurrence;

(ii) A brief description of any bond and surety;

(iii) Letters of authority;

(iv) Each filing, order, or record of proceeding related to the case or action, with a reference to the file or record where the bond and surety, letter of authority, filing, order, or record of proceeding is to be found;

(v) Such other information as the court considers necessary.

(2) Records of documents The probate division shall maintain both of the following records of documents:

(a) A record of wills, if wills are not copied and permanently retained as part of an estate case file under division (C)(1) of this rule. The wills proved in the court shall be recorded with a certificate of the probate of the will. The wills proved elsewhere shall be recorded with the certificate of the probate of the will, authenticated copies of which have been admitted to record by the court.

(b) A marriage record showing the names of persons applying for a license, a brief statement of the facts sworn to by persons applying for a license, the names of persons to whom a license is issued, the license, and the return of the person solemnizing the marriage.

(3) Journal The probate division shall maintain an administrative journal for orders, entries, or judgments, including the following:

(a) Orders of appointment and oaths of office pursuant to R.C. 2101.11 of court personnel and other nonfiduciary appointees;

(b) Orders of reference to magistrates;

(c) Changes to the local rules of the probate division.

(4) Indexes The probate division shall maintain an index for each docket, record of documents, and journal described in division (C) of this rule. Each index shall be kept current with names or captions of proceedings in alphabetical order and references to a docket, record or documents, journal, or case file where information pertaining to those names or proceedings may be found.

(D) Destruction and preservation of probate records

(1) All records, vouchers, inventories, accounts, pleadings, applications, petitions, records of adoptions, marriages, and mental health commitments, wills, trusts, journals, indexes, dockets, records, or documents related to estate or inheritance taxes, and other papers and filings of the probate division, may be preserved in accordance with Sup.R. 26(F).

(2) In the probate division's discretion, any note, notice, letter, form, or other paper, document, or memorandum in a case file that is not essential to providing a record of the case and the judgment of the probate division may be destroyed as soon as they are considered to be of no value by the person holding them. Evidence of service of notice of the initial complaint, petition, or application that establishes the probate division's jurisdiction shall be retained in accordance with the applicable retention period associated with the case file.

(3) Judge, magistrate, investigator, and clerk drafts, notes, and research may be destroyed as soon as they are considered to be of no value by the person holding them.

(E) Case file and probate record retention schedule

(1) Adoption records Adoption records shall be retained permanently.

(2) Birth and death registrations Birth and death registrations occurring within the county, reported as provided by law, shall be retained permanently.

(3) Civil commitment records Civil commitment records shall be retained for three years after the case is closed.

(4) Dockets, journals, and indexes Dockets, journals, and indexes shall be retained permanently.

(5) Recordings of proceedings Recordings of proceedings shall be retained for five years after the proceeding.

(6) Evidence filed in support of expenditures or distributions Vouchers, proof, or other evidence filed in support of expenditures or distributions stated in an account may be returned to the fiduciary or retained in accordance with division (C)(1) of this rule for five years after the Court's approval of the final account.

(7) Marriage license records Marriage license records shall be retained permanently.

(8) Trust accountings Trust accountings shall be retained for twelve years after the court approves the accounting.

(9) Deposited wills A deposited will that is not delivered or disposed of shall be retained for one hundred years after the date it was deposited. An electronic copy of the will shall be made before disposing of the will and retained permanently.

(10) Guardianship guide The form executed by a guardian confirming receipt of the guardianship guide shall be retained permanently.

(11) All other records All other records shall be retained for twenty-one years after the date the case, cause, proceeding, or matter is closed or completed.