How do I get legal authority to request a deceased relative’s medical records for a lawsuit when there was no will? – North Carolina

Short Answer

In North Carolina, the cleanest way to get “court-issued authority” to request a deceased person’s medical records is usually to have a court appoint an estate representative and obtain certified Letters of Administration from the Clerk of Superior Court. Those letters show third parties (including an out-of-state hospital) that the requester has legal authority to act for the estate. In some situations, a small-estate procedure may work, but hospitals commonly insist on letters or a court order when medical records are requested for litigation.

Understanding the Problem

When a North Carolina resident dies without a will, who can legally act for the estate to request the decedent’s medical records for use in a lawsuit, especially when a hospital will not release records without court-issued authority? If the decedent had little to no assets, can authority still be obtained without opening a full probate estate, or does the Clerk of Superior Court still need to issue letters or an order?

Apply the Law

Under North Carolina law, medical information is treated as confidential, and providers generally require proper legal authority before releasing it after a patient’s death. For litigation-related requests, the most widely accepted proof of authority is appointment as the estate’s personal representative (administrator) and possession of certified letters from the Clerk of Superior Court. North Carolina also recognizes limited and small-estate procedures in certain situations, but those options can be narrower and may not satisfy every hospital’s compliance requirements.

Key Requirements

• Proper decision-maker: The requester must be the person the law recognizes as able to authorize release after death—typically the estate’s executor/administrator, and in some situations the next of kin when no estate is being administered.
• Court-issued proof of authority: Many institutions require certified Letters of Administration (no will) or Letters Testamentary (with a will), or a specific court order compelling disclosure.
• Records request tied to a legitimate purpose: The request should be limited to what is needed for the lawsuit and should follow the hospital’s process (forms, identification, and any required HIPAA documentation).

What the Statutes Say

• N.C. Gen. Stat. § 8-53 (Communications between health care provider and patient) – Treats patient medical information as confidential and explains that records may be furnished on authorization of the patient, or if deceased, the executor/administrator (and addresses court power to compel disclosure in appropriate cases).
• N.C. Gen. Stat. § 8-36 (Authenticated copy of record of administration) – Addresses use of properly certified letters/records of administration as evidence, which is often relevant when a third party wants proof of authority.

Analysis

Apply the Rule to the Facts: Here, the hospital is requesting a “court-issued letter/authority,” which usually means certified Letters of Administration (because there was no will) or a court order. Because the decedent died in North Carolina without a will and had little to no assets, the practical issue is not “who inherits,” but “who can show legal authority to sign for and receive confidential medical records for litigation.” In many cases, qualifying as administrator through the Clerk of Superior Court is the most straightforward way to satisfy a hospital’s compliance department, even when the estate is small.

Process & Timing

1. Who files: A qualified heir (or other person allowed by North Carolina probate rules) applies to serve as administrator. Where: The Clerk of Superior Court (Estates) in the North Carolina county where the decedent was domiciled. What: An application/petition to open an intestate estate and be appointed administrator, followed by issuance of certified Letters of Administration. When: As soon as the lawsuit or records request requires proof of authority; timing can matter if the lawsuit has discovery deadlines.
2. Use the letters to request records: Provide the hospital with a certified copy of the Letters of Administration, a certified death certificate, and any facility-specific authorization forms. If the hospital is out of state, it may have its own HIPAA process, but letters are commonly accepted as proof that the requester is the estate’s authorized representative.
3. If a full estate is not desired: Consider whether a small-estate procedure or a limited appointment could fit the situation. Even then, if the hospital insists on letters or a court order, the fastest path may still be to obtain letters through the Clerk so the records request does not stall.

Exceptions & Pitfalls

• “Next of kin” may not be enough for litigation requests: North Carolina law recognizes situations where next of kin can authorize release when an estate is unadministered, but many hospitals still require Letters of Administration or a court order when records are requested for a lawsuit.
• Wrong forum or wrong county: Letters generally come from the Clerk of Superior Court in the county of domicile. Filing in the wrong county can delay issuance and delay the records request.
• Assuming “no assets” means “no probate authority needed”: Even if there is little property to collect, a lawsuit-related records request often still requires a court-recognized representative to sign and receive confidential records.
• Out-of-state hospital requirements: An out-of-state provider may require its own forms, notarization, or specific wording. Certified letters and a certified death certificate usually help, but the provider may still request additional documentation.
• Trying to use old documents: A health care power of attorney generally ends at death, so it usually does not substitute for Letters of Administration when requesting records after death.

Conclusion

In North Carolina, the most reliable way to get legal authority to request a deceased relative’s medical records for a lawsuit when there was no will is to have the Clerk of Superior Court appoint an administrator and issue certified Letters of Administration. Those letters are the standard “court-issued authority” hospitals look for when releasing confidential records after death. The next step is to apply for Letters of Administration with the Clerk in the decedent’s county of domicile as soon as the lawsuit’s timeline requires the records.

Talk to a Probate Attorney

If a hospital is refusing to release a deceased relative’s medical records without court-issued authority, our firm has experienced attorneys who can help identify the right North Carolina probate procedure and move quickly to obtain the documentation the provider will accept. 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.