Accessing the Deceaseds Medical Records

I recently spoke with Walter, a distraught son who discovered his mother, Evelyn, had meticulously prepared a full estate plan – a Trust, Power of Attorney, and Advanced Healthcare Directive. He’d thought he was prepared. But after Evelyn passed, Walter found a signed codicil dated after the Trust was created, attempting to change the designated beneficiaries. The problem? It wasn’t properly witnessed. This single, seemingly small error cost his family nearly $30,000 in legal fees to rectify, delaying access to critical funds and causing immense emotional stress. It highlighted a crucial issue many families face: obtaining necessary information – specifically medical records – after a loved one is gone.

Why Can’t I Just Ask for the Records?

It’s a common misconception that, as an executor or family member, you’re automatically entitled to complete access to a deceased individual’s medical records. HIPAA, the Health Insurance Portability and Accountability Act, is still very much in effect after death. While the rules loosen, they don’t disappear. Medical providers are obligated to protect patient privacy, even posthumously. You’ll need more than just a personal connection to obtain these records; you need legal authority. Without it, you could face frustrating delays and potential legal roadblocks.

What Documentation Do I Need to Obtain Medical Records?

The specific documents required will vary depending on the healthcare provider and the state, but generally, you’ll need one or more of the following: a copy of the death certificate, documentation proving your role as executor or administrator of the estate (Letters Testamentary or Letters of Administration issued by the court), and a signed authorization form from the estate. Often, a complete copy of the Will or Trust is also requested. A general Power of Attorney, even a durable one, is typically insufficient after death; you need court-appointed authority. For deaths on or after April 1, 2025, executors may avoid full probate for personal property under $208,850. Notably, AB 2016 now allows a simplified ‘Petition to Determine Succession’ for a primary residence valued up to $750,000. Per Probate Code § 13050, you MUST exclude all California-registered vehicles and up to $20,875 in unpaid salary from the small estate calculation.

What If There’s No Will or Trust?

If your loved one died intestate – without a valid Will or Trust – the process becomes more complicated. You’ll need to petition the court to be appointed as the administrator of the estate. This involves a more extensive legal process, including potentially bonding and providing an accounting to the court. Only after the court issues Letters of Administration will you have the legal authority to request medical records. Even then, be prepared for scrutiny, as the court will likely review any significant distributions from the estate.

What About Digital Medical Information?

In today’s world, medical information isn’t just stored in paper files. Many people utilize patient portals, wearable health trackers, and telehealth services. Accessing this digital data presents unique challenges. Under California RUFADAA (Probate Code § 870), executors are legally barred from accessing ‘content’ (emails, private messages, crypto-keys) unless the decedent provided explicit ‘prior consent’ in their Will or Trust. Generic ‘all power’ clauses are legally insufficient for digital content access. You’ll need to determine if the deceased granted access to their online accounts or if you need to pursue a court order. This often requires a forensic review of their devices and accounts, which can be costly.

Why a CPA-Attorney is Crucial

As an Estate Planning Attorney and CPA with over 35 years of experience, I always emphasize the financial implications of medical decisions. Understanding the medical history is vital not only for grieving but also for properly valuing assets like life insurance policies or potential medical malpractice claims. My CPA background allows me to analyze the ‘step-up in basis’ for inherited assets, minimizing capital gains taxes. Properly documenting medical expenses can also be crucial for estate tax deductions, especially as the Federal Estate Tax Exemption is permanently $15 million per person ($30 million for couples) as of Jan 1, 2026, thanks to the One Big Beautiful Bill Act (OBBBA). However, California executors must still file Form 706 to elect ‘portability’ for a surviving spouse, even if no tax is currently owed.

How do probate courts in California evaluate intent when a will is challenged?

In California, a last will and testament is reviewed under probate standards that focus on intent, capacity, and execution. Clear drafting reduces ambiguity, limits misinterpretation, and helps families avoid unnecessary conflict during estate administration.

When a will is drafted with California probate review in mind, it becomes a stabilizing roadmap rather than a source of conflict. Clear intent, proper authority, and compliant execution protect both families and estates.

Official Legal Standards and Resources for California Executors

• Mandatory Judicial Forms:
  Judicial Council of California – Probate Forms (DE Series)
  The official repository for all “Decedents’ Estates” forms; in 2026, this includes mandatory updated forms for the $208,850 Small Estate threshold and the new AB 2016 simplified petitions for primary residences valued under $750,000.
• Riverside County Local Rules:
  Riverside Superior Court – Executor FAQ
  A localized resource for Riverside County fiduciaries that outlines 2026 requirements for mandatory e-filing, Local Rule 7010 for remote appearances, and specific duties regarding the 4-month creditor claim period.
• Federal Tax Compliance:
  IRS Guidelines for Executors (Form 706 & 1041)
  The authoritative federal guide for filing a final 1040 and the estate’s 1041; it reflects the 2026 OBBBA update, which established a permanent $15 million individual estate tax exemption, effectively ending the previous “tax cliff” uncertainty.
• Statutory Duty of Care:
  California Probate Code § 9600 (The Prudent Person Rule)
  Codifies the “Prudent Person Rule,” stipulating that an executor must manage estate assets with reasonable care and skill; it remains the primary legal standard in 2026 for determining if a fiduciary is liable for mismanagement or “surcharge.”
• Digital Asset Authority:
  Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA)
  Access California Probate Code §§ 870-884, which governs an executor’s power to manage online accounts; it clarifies why service providers can legally block access to private emails and crypto-wallets without explicit “prior consent” in the estate plan.