Guides

How to get a deceased person’s medical records

Who can get themFederal + state

• Personal representative: an executor, administrator or other person with authority under applicable state or other law to act for the deceased or the estate.
• Family or friends involved in care: a provider may share information relevant to that person’s involvement in the care or payment for care, unless the deceased had said otherwise. Providers are allowed to share, but not required to.
• How long: HIPAA protects the records for 50 years after death.

• Personal representative of a decedent (45 CFR 164.502(g)(4)); disclosures to family involved in care (45 CFR 164.510(b)(5)); 50-year protection (45 CFR 160.103). Source: HHS – Health Information of Deceased Individuals, checked Oct 29, 2026.

How to requestFederal law

1. Contact each hospital, practice or pharmacy’s medical records (HIM) office and ask for its request form.
2. Include a copy of the death certificate and proof of authority, such as court letters (testamentary or of administration). If no one has been appointed, ask what the provider accepts.
3. Say exactly which records and dates you need and whether you want paper or electronic copies.

Timing: the provider must act within 30 calendar days and may take one more 30-day extension if it tells you why in writing. Fees: only a reasonable, cost-based fee for copying labor, supplies and postage. Charges for search and retrieval aren’t allowed, even if state law permits them.

• 30-day deadline with one 30-day extension; cost-based fee limits. Source: HHS – Individuals’ right to access (45 CFR 164.524), checked Oct 29, 2026.
• Regulation text. Source: eCFR – 45 CFR 164.524, checked Oct 29, 2026.

Pilot statesState law

State law decides who counts as the personal representative. We haven’t yet verified state statutes on next-of-kin access for New Hampshire, California, Texas, Florida or Ohio, so we don’t summarize them.

Back to the executor checklist.