Short Answer

In North Carolina, the personal representative of the estate (or the attorney acting for the personal representative) should send a written request that clearly identifies the decedent and incident, states exactly which EMS treatment and billing records are needed, and includes proof of authority to receive them. Attach the estate Letters (Testamentary or Administration), a HIPAA-compliant authorization signed by the personal representative, and a death certificate if the custodian asks for it. Specify secure email delivery and agree to reasonable copy fees.

Understanding the Problem

In North Carolina probate, you may need EMS treatment and billing records from a county EMS provider to administer the estate and evaluate any claims. The key question is: What must the personal representative or the estate’s attorney include in a written request so the county EMS custodian can email the records? Here, the decedent died in a car accident.

Apply the Law

Under North Carolina law, a personal representative’s authority begins at appointment and is shown by the Letters issued by the Clerk of Superior Court. That authority includes gathering information and records needed to collect, preserve, and administer estate matters, including potential survival or wrongful death claims. Health-care providers typically require both proof of the personal representative’s authority and a HIPAA-compliant authorization signed by the personal representative before releasing the decedent’s medical and billing records. Providers may also ask for a death certificate to verify identity and dates.

Key Requirements

• Clear identification: Decedent’s full name, date of birth, and the date/time/location of the EMS incident.
• Defined scope: Ask for the EMS run report, narratives, vitals, medications, procedures, ECGs, timestamps, and all EMS billing/claims records for a specific date range (typically the incident date).
• Proof of authority: Attach current Letters Testamentary or Letters of Administration and state you act for the personal representative/estate.
• HIPAA authorization: Include a HIPAA-compliant authorization signed by the personal representative; add a death certificate if requested by the custodian.
• Delivery and format: Request secure, encrypted email; provide the receiving email address and ask for PDFs and any itemized invoices.
• Fees and certification: Acknowledge reasonable copying fees and request a custodian/business-records certification for evidentiary use.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-13-3 (Powers of personal representative) – PR may take actions reasonably necessary to collect, preserve, and protect estate interests.
• North Carolina Gen. Stat. § 28A-6-1 (Application for letters; evidence of death) – Establishes issuance of Letters and acceptable proof of death.
• North Carolina Gen. Stat. § 28A-13-1 (Commencement of duties) – PR’s duties and powers begin upon appointment.
• North Carolina Gen. Stat. § 28A-18-2 (Wrongful death) – Only the PR may bring a wrongful death claim, which often requires medical/EMS records.

Analysis

Apply the Rule to the Facts: You already have the decedent’s name, date of birth, and accident date. Add a precise request for the incident’s EMS run report and itemized billing. Attach the estate’s current Letters to show authority, a HIPAA authorization signed by the personal representative, and a death certificate if the custodian requires it. Ask for secure email delivery to your office and request a business-records certification with any applicable copy-fee acknowledgment.

Process & Timing

1. Who files: Personal representative or the estate’s attorney on the PR’s behalf. Where: Records custodian for the county EMS provider in North Carolina. What: A written request letter/email with: decedent identifiers; defined scope; Letters Testamentary/Administration; HIPAA authorization signed by PR; death certificate if requested. When: After appointment and issuance of Letters; send promptly to avoid delays that could affect related claims.
2. Confirm any county EMS release form and fee process; many custodians process complete requests within typical administrative timelines, but this can vary by county.
3. Receive records by encrypted email; review for completeness; if needed, submit a supplemental request for missing attachments, billing itemization, or a custodian certification.

Exceptions & Pitfalls

• If no personal representative has been appointed yet, most EMS providers will not release records. Get the Letters first.
• Missing documents delay release. Include Letters and a HIPAA authorization signed by the PR; add a death certificate if the custodian asks.
• Overbroad or vague requests can slow review. Specify the incident date/time, location, and exactly which records and billing you need.
• Email security matters. Ask for encrypted delivery and provide the correct receiving email address.
• Use the county’s own release form if required, and acknowledge reasonable copy/search fees.

Talk to a Probate Attorney

If you’re dealing with an estate and need county EMS treatment and 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.