If a hospital saidthat I have to proof thatI am the executor of my deceased husband’s estate in order to receive his medical records, how doI do this?

Asked on August 31, 2011 Pennsylvania


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your loss.  What you need to do is to go to the Probate Court in the county in which you and your husband resided at the time of his death and ask to file a Petition to be named as the personal representative (PR) of his estate.  Did he leave a Will?  If he did then the person named in the Will will file the petition to be appointed.  If he sis not - which is what I think happened here - then you can file to be appointed as the Administrator (or PR in some states).  He will be said to have dies "intestate" and the intestacy laws in the state will apply.  Now, you can in most states be appointed quickly if you need to do something quickly and for a limited purpose.  But you may as well do the entire thing now.  Once you are appointed you will be issued letters of Administration and then you can fill out the medical record authorization and attach an original of the letters and they will send you the records.  If you think something is awry then seek consultation from ana ttorney.  Good luck.

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