Jan212026
Probate Q&A Series

Who is authorized to request or receive the decedent’s records and billing information after death? – North Carolina

Short Answer

In North Carolina, the person with the clearest authority to request and receive a deceased person’s records and billing information is the estate’s court-appointed personal representative (executor or administrator) once “Letters” are issued by the Clerk of Superior Court. Certain close family members and others may be able to obtain a certified death certificate, but that does not automatically give authority to receive medical records or detailed billing. Facilities and providers commonly require proof of authority (Letters, a court order, or other legally recognized documentation) before releasing post-death records.

Understanding the Problem

In North Carolina probate administration, the key question is: who has legal authority to ask a senior care facility, hospital, or other provider to release the decedent’s records and itemized billing after death. The decision point is whether the request comes from a court-appointed personal representative (or someone with another recognized legal basis to receive the information) versus a family member or other interested person who has not been appointed by the Clerk of Superior Court.

Apply the Law

Under North Carolina law, patient medical records are treated as confidential, and facilities generally release them only to someone with proper legal authority. In estate matters, that authority is usually held by the personal representative after qualification with the Clerk of Superior Court and issuance of Letters Testamentary (if there is a will) or Letters of Administration (if there is no will). Separately, North Carolina law controls who may obtain certified copies of death certificates, which are often required as part of a records request.

Key Requirements

  • Proof of authority: The requester typically must show legal authority to act for the decedent’s estate (most commonly, Letters Testamentary or Letters of Administration issued by the Clerk of Superior Court).
  • Proper identification and scope: Facilities often require identification and a clear description of what is being requested (for example, a billing ledger versus full clinical records).
  • Supporting documents: A certified death certificate is commonly required, and some custodians will request additional documentation (such as a court order) depending on the type of record.

What the Statutes Say

Analysis

Apply the Rule to the Facts: In this scenario, a senior care facility is coordinating post-death paperwork and needs to confirm basic death details and handle billing. If a family member calls requesting records or itemized billing, the facility typically should ask whether a personal representative has been appointed and request a copy of the Letters (and often a certified death certificate). If no one has qualified yet, the facility can usually share only limited administrative information consistent with confidentiality rules and should direct the family to open the estate (or obtain a court order) for broader record access.

Process & Timing

  1. Who files: The person seeking authority (often a nominated executor under a will, or an heir if there is no will). Where: The Clerk of Superior Court (Estates) in the North Carolina county where the decedent lived at death. What: An application to qualify as personal representative and, once approved, issuance of Letters Testamentary or Letters of Administration. When: As soon as access to records, billing, accounts, or other estate tasks requires legal authority.
  2. Records request: After qualification, the personal representative submits the facility/provider’s records request with identification, a certified death certificate if required, and a certified copy of the Letters. Facilities often have their own authorization forms and may limit release to what is reasonably needed for administration.
  3. Billing and claims handling: Once the personal representative has the billing, the estate can evaluate what is owed and how it should be handled through the estate administration process, including addressing insurance/benefits paperwork when applicable.

Exceptions & Pitfalls

  • Death certificate access is not the same as medical-record access: A person may qualify to obtain a certified death certificate under North Carolina law, but that alone may not satisfy a facility’s requirements to release clinical records or detailed billing.
  • “Power of attorney” usually ends at death: Facilities often see old powers of attorney presented after death; those documents typically do not authorize post-death access the way Letters do.
  • Requesting the wrong proof: Facilities commonly want certified Letters (not an unsigned draft will, not a family relationship statement). If no estate is open, a court order may be needed for certain records.
  • Over-sharing by well-meaning staff: Confirming “basic death details” may be appropriate for coordination, but releasing clinical records, diagnoses, or itemized services to someone without authority can create confidentiality problems.

Conclusion

In North Carolina, the safest and most widely accepted authority to request and receive a decedent’s records and billing information is the court-appointed personal representative acting under Letters Testamentary or Letters of Administration issued by the Clerk of Superior Court. Certain people (including close family members and authorized agents) may obtain certified death certificates, but that does not automatically authorize release of medical records or detailed billing. The practical next step is to have the appropriate person qualify as personal representative with the Clerk of Superior Court and then submit the facility’s request with certified Letters (and a certified death certificate if required).

Talk to a Probate Attorney

If a facility is requesting proof of authority or records are being withheld after a death, our firm has experienced attorneys who can help explain what documentation is needed and how to get it through the North Carolina estate process. 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.