HOW DO I OBTAIN THE MEDICAL RECORDS OF A DECEASED PERSON?

 

A probate estate must be opened to obtain the medical records of a deceased person.

A formal Petition for Probate and\or Appointment of Personal Representative (Testate\Intestate) (PC 559 ) must be filed and include a request that a special personal representative be appointed.  NOTE: Wayne County Probate Court will not appoint a special personal representative on an informal application. 

For additional information, see Decedent Estate (found under Information – How to Start a Wayne County Probate Court Case)

If there are no probate assets (i.e., nothing owned by the decedent in their name only), or it is thought that (1) the estate assets will be less than the cost of the funeral and other funeral related expenses or (2) the estate assets exceed funeral costs but there is also an urgent need to obtain medical records, a special personal representative could be appointed for the sole purpose of obtaining the deceased person’s medical records.  The letters of authority issued by the Court would limit the special personal representative’s powers to securing medical records only. 

If there were no probate assets, the special personal representative could close the estate by filing an Inventory (PC 577) and preparing either:

-        A first and final Account of Fiduciary (PC 583or PC 584) to be filed and allowed with Waivers and Consents (PC 561) or at a hearing.

-        Submitting a Sworn (Partial) Statement to Close Administration (PC 592) and serving it on all interested persons. 

Notice to creditors would not be required. 

If the assets exceed the funeral costs, a hearing must be requested to appoint a full personal representative.  Notice to creditors would be required.    

To learn more about closing an estate, see Decedent Estate (found under Information – How to Close a Wayne County Probate Court Case).  

Rev. 12\08