Jan172026
Probate Q&A Series

If the deceased person has adult children, can they sign waivers so I can be appointed to handle records and paperwork? – North Carolina

Short Answer

Yes—often. In North Carolina, when a person dies without a will and has adult children, those children may be able to sign written renunciations (and, in some cases, bond waivers) so one agreed-upon person can be appointed by the Clerk of Superior Court as the estate’s administrator and receive court-issued Letters of Administration.

However, the children’s signatures do not automatically appoint anyone. The Clerk must still issue the appointment, and some institutions (including out-of-state hospitals) will only accept certified Letters of Administration or a court order as proof of authority.

Understanding the Problem

In North Carolina probate, the key question is whether adult children of a person who died without a will can sign paperwork that allows another person to be appointed by the Clerk of Superior Court to act for the estate, mainly to request records and handle administrative tasks. The practical trigger is usually a third party—such as an out-of-state hospital—refusing to release records unless a court issues formal authority showing who can act for the deceased person’s estate.

Apply the Law

When someone dies without a will (intestate), North Carolina treats the person who manages the estate as an “administrator.” The Clerk of Superior Court (Estates Division) appoints that administrator and issues Letters of Administration. If multiple people have the same priority to serve (for example, multiple adult children), the Clerk commonly requires the other same-priority heirs to sign written renunciations so one person can be appointed without a dispute.

For medical records, North Carolina also recognizes that confidential medical information may be released on authorization of the patient—or, if the patient is deceased, the executor/administrator, and in some situations the next of kin when there is no administration. Even so, many hospitals will insist on court-issued letters rather than relying on “next of kin” status alone, especially when the request comes from another state or is connected to litigation.

Key Requirements

  • Proper appointment by the Clerk: A waiver signed by adult children can support an application, but the Clerk must actually appoint the administrator and issue Letters of Administration.
  • Renunciations from equal-priority heirs (when needed): If more than one adult child has equal priority, the Clerk often expects the non-applying children to sign a written renunciation so one person can qualify smoothly.
  • Bond issues addressed: Even if heirs agree on who should serve, the administrator may still need to post a bond unless a statutory exception applies (and some exceptions require all adult heirs to agree and the administrator to be a North Carolina resident).

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, the deceased person reportedly died without a will and had little to no assets, but an out-of-state hospital is demanding “court-issued” authority before releasing medical records for an ongoing lawsuit. If the deceased person had adult children, those children may be able to sign renunciations (and possibly bond waivers) so one person can qualify in North Carolina as administrator and obtain certified Letters of Administration, which is the type of document hospitals commonly accept.

Process & Timing

  1. Who files: The person seeking appointment as administrator (often a family member). Where: The Clerk of Superior Court (Estates Division) in the North Carolina county where the estate should be opened. What: Commonly an Application for Letters of Administration and supporting documents; if there are multiple adult children with equal priority, the other children typically sign written renunciations, and bond waiver paperwork may also be used when allowed. When: As soon as a third party demands court authority (for example, a hospital refusing to release records).
  2. Qualification step: The Clerk reviews the filing, confirms heirs, and addresses bond (either a bond is posted or a valid waiver/exception applies). Processing time varies by county and whether all signatures are gathered.
  3. Authority issued: If approved, the Clerk issues Letters of Administration. Certified copies can then be ordered and sent to the hospital or other record-holder as proof of authority.

Exceptions & Pitfalls

  • Waivers do not replace Letters: Even unanimous family agreement usually does not substitute for court-issued Letters of Administration when a hospital insists on “court authority.”
  • Bond can still be required: Agreement among heirs does not always eliminate bond. Whether bond can be waived depends on the administrator’s residency and the heirs’ status/consent, among other factors.
  • “Next of kin” may not satisfy an out-of-state provider: North Carolina law recognizes next-of-kin access in certain unadministered situations, but an out-of-state hospital may still require Letters or a court order as a policy or HIPAA-compliance measure.
  • Litigation-driven requests can trigger stricter review: When records are sought for a lawsuit, providers often demand the clearest authority available (certified letters and a death certificate, and sometimes additional documentation).

Conclusion

In North Carolina, adult children can often sign written renunciations (and sometimes bond waivers) to support appointing one person as administrator when the deceased died without a will. But those signatures alone do not appoint anyone—the Clerk of Superior Court must issue Letters of Administration. When a hospital requires “court-issued” authority to release medical records, the next step is typically to apply for Letters with the Clerk and obtain certified copies to send to the records department.

Talk to a Probate Attorney

If an out-of-state hospital is refusing to release a deceased person’s records without court authority, our firm has experienced attorneys who can help explain the North Carolina probate options, gather the right family waivers, and move the appointment process forward. Call us today at (919) 341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.

Category: Probate Q&A Series

Author: Pierce Law

Pierce Law Group is a North Carolina law firm focused on probate administration, real estate partition matters, and surplus funds claims across North Carolina. We know these situations often come with stress, family dynamics, and time-sensitive decisions—so we prioritize clear communication, steady guidance, and a practical plan from day one. Our goal is to make a complicated process feel manageable, while protecting what matters most to you.