Not all states have the same record retention policies as the next, nor do they even have the same record retention policy by type of practice. During my research, some of the following statements were written:
“2017 – The retention obligation may not be indefinite. Although the law is not clear, it may be limited to somewhere between 100 and 125 years after the will was executed! And if that’s not enough of a nightmare, there may be other obligations.”
“How long to keep records is a combination of judgment and state and federal statutes of limitations…Estate Planning Documents = Permanent”
“Given their nature, estate planning files should not be destroyed until the solicitor knows that 10 years have passed since a will of the testator was probated, or until after the trust is fully administered, if applicable. Given the above, retention of estate planning files can be costly, since files may have to be stored for decades.”
Listed below are links by state of what I could find regarding Record Retention Policies for Estate Planning. Please make certain to note: I am not an Attorney, I do not know the laws of each State and this list is not inclusive of all record retention policies for a specific State.
Alaska Retention Policy – no policy found
Arizona Retention Policy – no policy found
Arkansas Retention Policy – no specific policy found, link goes the Arkansas General Records Retention Schedule Procedural Handbook
California Retention Policy – a couple different opinions were found, both under The State Bar of California Standing Committee on Professional Responsibility and Conduct – Formal Opinion No. 2001-157 and Formal Opinion No. 2007-173
Colorado Retention Policy – under Rules of Professional Conduct
Connecticut Retention Policy – no policy found
Delaware Retention Policy – no policy found
Florida Retention Policy – no policy found, link goes to General Records Schedule GS9 for State Attorneys
Hawaii Retention Policy – no specific policy found, link goes the General Records Retention Schedule
Illinois Retention Policy – I could not find the specific statue for Estate Planning Document Retention, but there was an article written in 2013 that contained what appeared to be very specific knowledge of the laws.
Indiana Retention Policy – Additional information found at Depositing Wills with the Circuit Court Clerk
Kansas Retention Policy – no policy found
Kentucky Retention Policy – no policy found
Louisiana Retention Policy – no policy found
Maine Retention Policy – no policy found
Maryland Retention Policy – no specific policy found, however, the link leads to previous questions asked. Ethics Docket No. 1988-91 also discusses the “Safekeeping Property: Duty of counsel with respect to Wills where a client cannot be located
Massachusetts Retention Policy – no policy found, but the link will provide a compilation of laws, cases, and web sources on wills and estates in Massachusetts
Michigan Retention Policy – Every lawyer in private practice is ethically required to have a file retention policy. Creating a policy has many facets as there is no specific file retention period in the Michigan Rules of Professional Conduct (MRPC)
Minnesota Retention Policy – no policy found
Mississippi Retention Policy – no policy found, however, there is the Ethics Opinion No. 254 that covers the following question: How long should Mississippi attorneys retain files before either returning them to the client or destroying the files?
Missouri Retention Policy – no specific policy found for Wills and Trust, however, there is a State Agency Records Retention and Disposition Schedule
Montana Retention Policy – no policy found
Nebraska Retention Policy Profiles – no policy found
Nevada Retention Policy – no policy found regarding the retention of a Will by an attorney office, however, original Wills and/or Trust filed with the Clerk of the Court prior to an individual’s passing are not to be destroyed pursuant to the Nevada Minimum Records Retention Schedule
New Hampshire Retention Policy – no policy found other than a statement in Ethics Committee Advisory Opinion #2015-16/05 Client Retention …Several other jurisdictions have determined that original documents such as wills, trusts, or settlement agreements may have intrinsic value and comprise client property within the scope of Professional Conduct Rule 1.15(a), thus making them subject to the rules relating to the safekeeping of client property. See Wis. Ethics Op. E-98-1 (1998); 58 Ala. Lawyer 368 (November 1997); Mich. Ethics Op. R-12 (1991)…
New Jersey Retention Policy – no policy found
New Mexico Retention Policy – no policy found
North Carolina Retention Policy – no policy found, however, Estate Procedures for North Carolina can be found here
North Dakota Retention Policy – no policy found
Ohio Retention Policy – no policy found
Oregon Retention Policy – ORD 112.815, Conditions for disposal of Wills
Pennsylvania Retention Policy – no policy found
Rhode Island Retention Policy – no policy found
South Carolina Retention Policy – no policy found
South Dakota Retention Policy – no policy found
Tennessee Retention Policy – does not specifically discuss Estate Law retention policies
Utah Retention Policy – for additional information visit the Judicial Council Code of Judicial Administration
Vermont Retention Policy – no policy found, however, here is some information regarding Will and Estates
Virginia Retention Policy – no policy found
West Virginia Retention Policy – no policy found
Wisconsin Retention Policy – no policy found, however, EF-17-01 discusses the Retention and Destruction of Closed Client Files
Lastly, during this massive search I came across a few websites that might be helpful if the above information was not.
The website Record Nation provides a link by state of the public record retention policy for each state. This may or may not cover Record Retention for Estate Planning Documents.
I was able to find an article that lists out what Document Retention Best Practices & State Guidelines actually means. Included in this article are links, by state, covering general document retention, historical documents, etc. If you were not able to find the information about you needed, you may find it beneficial to view these links.