Accessing the Deceaseds Medical Records

Emily called, distraught. Her father had passed away unexpectedly, and she’d discovered a handwritten codicil tucked inside an old photo album – a last-minute change to his Trust, disinheriting her brother and leaving everything to a local animal shelter. She’d immediately scanned and emailed it to our office, confident it would be a simple update. Except, the original Trust document was nowhere to be found. And Emily’s brother, understandably, was contesting the validity of this hastily-written codicil, claiming duress and undue influence. The cost of litigating a Trust contest, even with a seemingly clear document, can easily exceed $50,000 – not to mention the emotional toll.

Why Can’t I Just Request the Records?

It’s a remarkably common misconception that, as an executor or even a close relative, you have automatic access to a deceased person’s complete medical records. HIPAA – the Health Insurance Portability and Accountability Act – doesn’t simply evaporate at death. While HIPAA’s privacy rules do relax after death, accessing records still requires specific legal authority. Simply being the executor isn’t enough. You need to demonstrate a legitimate need, tied to your duties in administering the estate. This often means proving the records are necessary to determine potential claims, such as medical malpractice, or to accurately value estate assets.

What Legal Authority Do I Need?

Generally, you’ll need one of three things: a valid court order, a signed authorization from the deceased prior to their passing, or a specific exception under HIPAA. The court order route requires filing a petition with the probate court, explaining why the records are needed and obtaining judicial approval. This can be time-consuming and incur additional legal fees. A prior authorization, such as a HIPAA release included in the estate planning documents, is the cleanest solution, but unfortunately, many people don’t proactively address this issue. The third option involves demonstrating a “need to know” related to claims against the estate. For example, if you suspect the deceased received substandard care that contributed to their death, documentation supporting a potential lawsuit would be considered a legitimate need.

What About Obtaining Information for Probate?

Probate courts often require a “Declaration Regarding Physician’s Statements” (Form CA-Probate 160) – a sworn statement confirming whether the deceased had any medical conditions that might affect the validity of their Will or Trust. This form doesn’t grant you access to the full medical record, but it does allow the court to request limited information from the treating physician. This is often a good starting point, but remember, the physician is still bound by HIPAA and will only release information relevant to the declaration.

What if I Suspect Foul Play?

If you have reason to believe the death was not natural—perhaps due to medical negligence or other criminal activity—the situation changes dramatically. You should immediately contact law enforcement before attempting to access any medical records. Police investigations have different legal pathways for obtaining information, and your independent attempts could interfere with their work or even jeopardize a potential criminal case.

How Does a CPA Help with Medical Record Access?

As an Estate Planning Attorney and a CPA with over 35 years of experience, I often see the interplay between medical expenses, asset valuation, and potential claims. Understanding the deceased’s medical history is crucial for accurately determining the “step-up in basis” for inherited assets, minimizing capital gains taxes, and identifying any potential deductions for medical expenses paid by the estate. A CPA can help interpret medical bills, identify discrepancies, and ensure the estate receives all available tax benefits. We can also assist in building a strong case for accessing records if a legitimate financial need exists.

Understanding the Cost of Care: A detailed review of medical bills helps us determine the true value of potential claims.
Step-Up in Basis: Accurate valuation of medical-related assets is critical for minimizing capital gains tax.
Estate Tax Implications: Identifying deductible medical expenses can reduce the overall estate tax liability.

What About Digital Medical Records and Apps?

The rise of telehealth and personal health apps adds another layer of complexity. Accessing digital medical records often requires separate protocols and passwords. 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. Executors must also navigate account recovery processes for various apps, which may involve providing proof of death and legal authority. It’s crucial to document all attempts to access digital information and any roadblocks encountered.

What Happens if I Improperly Access Records?

Violating HIPAA regulations can result in significant civil and criminal penalties. Even unintentionally accessing confidential information could lead to legal repercussions. It’s far better to err on the side of caution and seek legal guidance before attempting to obtain any medical records. The consequences of unauthorized access far outweigh the potential benefits.

Legal & Tax Disclosure: Steve Bliss is an Estate Planning Attorney & CPA practicing in Temecula, California. The information provided herein is for general informational purposes only and does not constitute legal or tax advice. Every situation is unique, and you should consult with a qualified professional before making any decisions related to your estate planning or taxes. Past results do not guarantee future outcomes.

What does a California probate court look for when interpreting testamentary intent?

In California, a last will and testament operates within a probate system that emphasizes intent, clarity, and procedural compliance. When properly drafted, a will does more than distribute property—it creates legally enforceable instructions that guide courts, fiduciaries, and beneficiaries through administration with fewer disputes and less uncertainty.

• Authority: Define executor responsibilities clearly.
• Guardians: Establish guardianship for minors.
• Location: Confirm residency rules.

For California residents, understanding how intent, authority, and compliance interact is one of the most effective ways to protect family harmony and estate integrity. A will that anticipates probate scrutiny is far more likely to be honored as written and far less likely to become the source of unnecessary conflict.

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 use of the eSubmit Document Submission Portal, 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 permanent $15 million individual estate tax exemption (effective Jan 1, 2026), 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.