Short Answer

In North Carolina, a duly appointed personal representative (executor or administrator) may obtain a decedent’s medical billing records by giving the provider proof of appointment (Letters) and, if requested, a HIPAA-compliant authorization signed by the personal representative. If the provider still refuses after receiving proper documentation, the personal representative can ask the Clerk of Superior Court to compel production in an estate proceeding or issue a subpoena for the records.

Understanding the Problem

In North Carolina probate, can the estate’s representative get a deceased patient’s billing records from a healthcare provider, and what documents must be sent? Here, the provider asked for proof of appointment and a signed authorization before releasing patient account details.

Apply the Law

Under North Carolina law, a personal representative (PR) has broad authority to collect information and documents needed to settle the estate, which includes requesting a decedent’s billing records. The PR must first qualify and obtain “Letters” from the Clerk of Superior Court. Providers often require a HIPAA authorization signed by the PR even though the PR generally stands in the patient’s shoes for privacy purposes. If a provider refuses after receiving proper proof, the PR may initiate an estate proceeding before the Clerk to examine the holder of estate property/records and seek an order requiring delivery, and may use subpoenas in that proceeding. The main forum is the Clerk of Superior Court in the county with estate venue; there is no fixed statutory deadline to request records, but timely qualification and prompt written requests keep administration on track.

Key Requirements

• Be duly appointed: File to qualify and obtain Letters testamentary or Letters of administration from the Clerk of Superior Court.
• Provide proof: Send the provider a copy of Letters (and often a death certificate) with a HIPAA-compliant authorization signed by the PR.
• Limit scope: Specify you seek billing/account records and dates of service to speed processing and reduce pushback.
• Escalate if refused: Bring an estate proceeding before the Clerk to examine the custodian and seek an order to produce; subpoenas may issue in that proceeding.
• Expect copy charges: Providers may charge statutory fees for medical record copies.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-6-1 (Application for Letters; evidence of death) – How to apply and what proof the Clerk may accept.
• North Carolina Gen. Stat. § 28A-13-3 (Powers of personal representative) – PR’s authority to collect and manage estate matters.
• North Carolina Gen. Stat. § 28A-15-12 (Actions to recover property of decedent) – Tools to examine holders of estate property/records and compel delivery.
• North Carolina Gen. Stat. § 90-411 (Copying fees for medical records) – Permitted charges for medical record copies.

Analysis

Apply the Rule to the Facts: Because the provider asked for proof of appointment, the immediate step is to qualify and obtain Letters from the Clerk of Superior Court. Once Letters issue, the attorney can send a copy with a HIPAA authorization signed by the PR and a concise request for billing statements. If the provider still refuses, the PR can open an estate proceeding before the Clerk to examine the provider and seek an order for production, and may use a subpoena to obtain the records.

Process & Timing

1. Who files: Proposed personal representative or estate counsel. Where: Clerk of Superior Court (Estates Division) in the county with venue in North Carolina. What: Apply for Letters using AOC-E-201 (probate and letters for a will) or AOC-E-202 (letters of administration), take the oath (AOC-E-400), and obtain Letters. When: As soon as you need authority to access records and administer the estate.
2. Send the provider: copy of Letters, death certificate (if requested), and a HIPAA authorization signed by the PR, with a clear request limited to billing/account records and dates of service. Providers often respond within a few weeks; timelines vary.
3. If refused: file an estate proceeding under the existing estate file asking the Clerk to order production and, if needed, issue a subpoena for the records. If necessary, consider a civil action in Superior Court to recover estate property/records.

Exceptions & Pitfalls

• Limited or small-estate options (like collection by affidavit) may not satisfy a provider’s HIPAA verification. Full Letters often streamline access.
• If the PR is a nonresident, appoint a North Carolina resident process agent before Letters will issue, or release may be delayed.
• Send copies, not originals, of Letters; some providers require recent Letters. Ask if they need a “fresh” copy.
• Scope matters: request billing/account records, not clinical notes, to avoid unnecessary objections.
• Expect copy fees under state law; ask for electronic copies to reduce costs when possible.
• If the provider resists, use the Clerk’s estate proceeding tools and subpoenas rather than informal back-and-forth.

Talk to a Probate Attorney

If you’re dealing with a provider who will not release a decedent’s billing records, our firm has experienced attorneys who can help you understand your options and timelines. 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.