DISPOSITION SCHEDULE K: REGISTER OF PROBATE
Please see Disposition Schedule A for payrolls, invoices, and other records common to more than one office of local government.
The "retention" column indicates either 1) a limited period after which the records may be destroyed, or 2) the word "Permanent," indicating the records may not be destroyed and must be retained permanently.
Unless otherwise noted, please refer to the following citations for confidentiality restrictions:
(1) Federal Privacy Act of 1974 (Section 7 of Pub. L. 93-579 in Historical Note), 5 U. S. C., § 552a;
(2) Social Security Act, 42 U. S. C. §§ 408(a)(8) and 405(c)(2)(C)(viii)(I);
(3) Family Educational Rights and Privacy Act, 20 U. S. C. § 1232g;
(4) Standards for Privacy of Individually Identifiable Health Information (HIPAA), 45 CFR Section 160 through 164.
For citations (1) and (2), the primary records concerns are redaction of social security numbers and proper disposal of nonpermanent records containing them. The presence of a social security number does not, by itself, render an entire document confidential.
Series Series Title / Description and Confidentiality Status Retention
K.01. Adoptions Permanent
Adoptions processed by Probate Court prior to 8/8/1953 are not confidential. Adoptions processed on or after that date are confidential. Confidential
Title 18-A §9-310
K.02. Application for Emergency Involuntary Admission to a Mental Hospital 1 year
The "blue" form used for this purpose. Confidential
Title 34-B §1207
K.03. Changes of Name Permanent
Changes of name requested from Probate Court. Not Confidential
K.04. Correspondence with Judge of Probate Concerning Marriage of Persons Under 16 Years of Age 2 years
Correspondence with Judge above marriages involving persons less than 16 years old. Not Confidential
K.05. Decedents' Estates, Formal and Informal Permanent
Filing of estate papers with Register of Probate, including wills, inventories, etc. This does not include wills deposited for safekeeping only, since these are private property and not public records. Not Confidential
K.06. Docket Books Permanent
Dockets of all Probate Court cases. Not Confidential
K.07. Miscellaneous Petitions Permanent
Petitions for matters not covered by other series, such as authority to handle custody and control of remains. Not Confidential
K.08.a Notice of Publication - Affidavits Permanent
Documentation that notice was published when the law requires this. Not Confidential
K.08.b Notice of Publication - Newspaper Clippings 1 year
Clippings containing published notices. Not Confidential
K.09. Proceedings Under Rule 81 Permanent
Proceedings taken to District or Superior Court. Not Confidential
K.10a. Protective Proceedings, Emergency Child Protective Permanent
Cases in which Probate Court is petitioned to provide a guardian or conservator for an individual lacking capacity. Confidential (1), (4)
K.10b. Protective Proceedings, Guardians and Conservators for Minor Children Permanent
Cases in which Probate Court is petitioned to provide a guardian or conservator for an individual lacking capacity. Not Confidential
K.10c. Protective Proceedings, Guardians and Conservators for Individuals for Adults Permanent
Cases in which Probate Court is petitioned to provide a guardian or conservator for an individual lacking capacity. Not Confidential
K.11. Recording Information Not Duplicated in Other Series Permanent
Books or film of incoming documents. Not Confidential
K.12. State of Maine Tax List Form No retention (obsolete)
List of heirs who may be liable for inheritance taxes. Not Confidential
K.13. Surrender and Release Filings Permanent
Filing in which a birth mother surrenders custody of her child to the Dept. of Human Services. Confidential only if related to an adoption filed on or after 8/8/1953. Confidential Title 18-A §9-310
K.14. Trusts Permanent
Trusts filed with Probate Court. Not Confidential
K.15. Waiver of Waiting Period Between Filing of Marriage Intentions and Issuing of License - Obsolete 2 years
Waiver granted so a marriage can take place before the waiting period normally required has been completed. Not Confidential
Updated November 14, 2005
