How to get the medical records of a parent or relative who has died
Start with the person who acts for the estate. Under HIPAA, the federal privacy law, that is the executor or administrator, or someone a court or state law authorizes; HIPAA's protection lasts 50 years after the death. As of October 8, 2026, when no executor has been appointed, state law in 19 states and DC names who may get or receive the records, such as next of kin, in its own order; a spouse or partner comes first in 9 states. In 7 states the law covers only some records. In 13 states we found no such law, and 11 more are under review.
Not legal advice. This page says who can get the medical records of a person who has died in the United States. It is general information, not a substitute for advice from a lawyer, and not medical advice. It shows state laws as of and federal rules read between and . Laws change, so check with the doctor's office or hospital, or a lawyer, before you rely on anything here.
If you are the executor or administratorNo executor? Find your state's row
Who can get a deceased person's records
HIPAA treats the person who can act for someone who has died as that person's “personal representative” (an executor is named in a will; an administrator is appointed by a court when there is none; the estate is what the person left). HHS, the US Department of Health and Human Services, says: “When an individual dies, the personal representative for the deceased is the executor or administrator of the deceased individual’s estate, or the person who is legally authorized by a court or by state law to act on the behalf of the deceased individual or his or her estate.”
HHS says the personal representative “has the ability to exercise the rights under the Privacy Rule with regard to the decedent’s health information, such as authorizing certain uses and disclosures of, and gaining access to, the information”. The Privacy Rule is HIPAA's set of rules on health information.
Under HIPAA, a family member who is not the personal representative has no right of their own to the records; some states give one in their own law (see your state's row below). HHS says that for family members or others involved in the person's care or its payment, “the Privacy Rule permits a covered entity to disclose the relevant protected health information of the decedent to such persons, unless doing so is inconsistent with any prior expressed preference of the deceased individual that is known to the covered entity.” So a doctor or hospital may share what is relevant to that person's involvement, unless the person had said otherwise and the office knew it, but does not have to.
Sources: Personal Representatives (for individuals), read October 8, 2026; Health Information of Deceased Individuals, read October 8, 2026.
If you are the executor or administrator
If a court has appointed you executor or administrator of the estate, HIPAA says: “If under applicable law an executor, administrator, or other person has authority to act on behalf of a deceased individual or of the individual's estate, a covered entity must treat such person as a personal representative under this subchapter, with respect to protected health information relevant to such personal representation.” A covered entity is a health plan, a health care clearinghouse or, in HHS's words, one of “most health care providers”. The page on how to get your medical records says how to ask for the records.
Sources: 45 CFR 164.502, Uses and disclosures of protected health information: general rules, read October 8, 2026; Protecting the Privacy and Security of Your Health Information When Using Your Personal Cell Phone or Tablet, read October 4, 2026.
If there is no executor: your state's law
Many people who need a parent's records were never appointed executor. HHS lists “Next of kin or other family member (if relevant law provides authority)” among those who can act: a family member qualifies only when a law gives them that authority; being family is not enough. Some states name, in their own law, who may get or receive a deceased person's records when no executor has been appointed. The figure groups the first person each law names; the table gives every person in the law's own words and order.
Source: Personal Representatives (guidance for professionals), read October 8, 2026.
No executor? Find your state's row
How to read a row
- Who the law names lists the people the law names, in its order; people on the same line rank equally. Each is the law's own words. Next of kin means the closest relatives; heirs are the people who inherit under state law.
- An appointed executor or administrator comes first means the law puts the estate's executor or administrator ahead of everyone listed, though its list does not name them.
- Records it covers gives the law's own words for the records it reaches.
- When gives the law's condition, such as “if there is no surviving spouse”.
- What to give is what the law says you must show, such as an affidavit (a signed, sworn statement) or a death certificate.
- The law lets them release means the doctor or hospital may give the records to these people but does not have to.
- Only for means the law covers only some records, such as a nursing home's records.
- No such law found means we searched the state's laws and rules and found none. HIPAA's rule still applies: the executor, administrator, or someone a court or state law authorizes can act. If you were involved in the person's care, the doctor or hospital may share what is relevant to that, unless the person had said otherwise; otherwise ask the records office what proof of authority it needs.
- Under review means we are holding the row back: a check found a detail our stored sources do not yet support, or a second reader disagreed with the first. We show it once our editors rule. Until then, ask the doctor's office or hospital what proof of authority it needs.
Each code links to its row. We group the first person each law names, after an executor or administrator, from the law's own words; in some states that person ranks equally with the executor. The table gives every person the law names.
Source: state statutes and rules read on October 8, 2026. Each state's reading was checked by a second reader; a reading in which a check found a detail our stored sources do not yet support, or that a second reader disagreed with, is held back until our editors rule.
See the numbers
| First person the law names | Places |
|---|---|
| A spouse or partner first | 9: AZ GA HI IL MO NH OK VA WI |
| Several people share first place | 6: LA MI MN MT NV UT |
| The heirs first | 2: MS RI |
| Someone else the law names first | 3: OH OR DC |
| A law for only some records | 7: CT KS MA NJ NC PA TN |
| No such law found | 13: AL AK AR DE ID IA KY MD NE ND SC WV WY |
| Under review | 11: CA CO FL IN ME NM NY SD TX VT WA |
| Total, the 50 states and DC | 51 |
The table shows state laws as of October 8, 2026.
| State | Who the law names | Law we read |
|---|---|---|
| Alabama | No such law foundNext step: the executor or administrator can act under HIPAA; otherwise ask the records office what proof of authority it needs.Where we looked, searched October 8, 2026 | No law found to cite.Back to the list of states |
| Alaska | No such law foundNext step: the executor or administrator can act under HIPAA; otherwise ask the records office what proof of authority it needs.Where we looked, searched October 8, 2026 | No law found to cite.Back to the list of states |
| Arizona | An appointed executor or administrator comes first.The law lets the doctor or hospital release the records to these people; it does not require it.Records it covers: a deceased patient's medical records or payment records or the information contained in medical records or payment records
| Ariz. Rev. Stat. § 12-2294(D); Ariz. Rev. Stat. § 12-2294(D)(1); Ariz. Rev. Stat. § 12-2294(D)(2); Ariz. Rev. Stat. § 12-2294(D)(3)-(6).Back to the list of states |
| Arkansas | No such law foundNext step: the executor or administrator can act under HIPAA; otherwise ask the records office what proof of authority it needs.Where we looked, searched October 8, 2026 | No law found to cite.Back to the list of states |
| California | Under reviewHeld back until our editors rule. Until then, the executor or administrator can act under HIPAA; otherwise ask the records office what proof of authority it needs. | No law to cite until our editors rule.Back to the list of states |
| Colorado | Under reviewHeld back until our editors rule. Until then, the executor or administrator can act under HIPAA; otherwise ask the records office what proof of authority it needs. | No law to cite until our editors rule.Back to the list of states |
| Connecticut | Only for mental health records
| Conn. Gen. Stat. § 52-146d(1); Conn. Gen. Stat. § 52-146d(2); Conn. Gen. Stat. § 52-146e(a).Back to the list of states |
| Delaware | No such law foundNext step: the executor or administrator can act under HIPAA; otherwise ask the records office what proof of authority it needs.Where we looked, searched October 8, 2026 | No law found to cite.Back to the list of states |
| Florida | Under reviewHeld back until our editors rule. Until then, the executor or administrator can act under HIPAA; otherwise ask the records office what proof of authority it needs. | No law to cite until our editors rule.Back to the list of states |
| Georgia | What to give: written request; a signed written authorization indicating that he or she is authorized to have access to the patient's records by paragraph (2) of subsection (a)Records it covers: a complete and current copy of that record
| O.C.G.A. § 31-33-2(a)(2); O.C.G.A. § 31-33-2(a)(2)(A)-(B); O.C.G.A. § 31-33-2(a)(2)(C)-(D); O.C.G.A. § 31-33-2(d).Back to the list of states |
| Hawaii | An appointed executor or administrator comes first.What to give: an affidavit attesting to status as next of kin with superseding priorityRecords it covers: the deceased person's medical records
| Haw. Rev. Stat. 622-57(c); Haw. Rev. Stat. 622-57(h).Back to the list of states |
| Idaho | No such law foundNext step: the executor or administrator can act under HIPAA; otherwise ask the records office what proof of authority it needs.Where we looked, searched October 8, 2026 | No law found to cite.Back to the list of states |
| Illinois | An appointed executor or administrator comes first.What to give: a certified copy of the death certificate and a certification in substantially the following formRecords it covers: a deceased person's health care records
| 735 ILCS 5/8-2001.5(a); 735 ILCS 5/8-2001.5(a)(1); 735 ILCS 5/8-2001.5(a)(2); 735 ILCS 5/8-2001.5(d).Back to the list of states |
| Indiana | Under reviewHeld back until our editors rule. Until then, the executor or administrator can act under HIPAA; otherwise ask the records office what proof of authority it needs. | No law to cite until our editors rule.Back to the list of states |
| Iowa | No such law foundNext step: the executor or administrator can act under HIPAA; otherwise ask the records office what proof of authority it needs.Where we looked, searched October 8, 2026 | No law found to cite.Back to the list of states |
| Kansas | Only for nursing facility residents' records
| K.A.R. 28-39-163(m)(4)(E); K.A.R. 28-39-163(m)(4).Back to the list of states |
| Kentucky | No such law foundNext step: the executor or administrator can act under HIPAA; otherwise ask the records office what proof of authority it needs.Where we looked, searched October 8, 2026 | No law found to cite.Back to the list of states |
| Louisiana | What to give: upon furnishing a signed authorizationRecords it covers: any treatment record, including but not limited to any medical, hospital, laboratory, invoice or billing statement, or other record, including test results
| La. R.S. 40:1165.1(A)(2)(b)(i).Back to the list of states |
| Maine | Under reviewHeld back until our editors rule. Until then, the executor or administrator can act under HIPAA; otherwise ask the records office what proof of authority it needs. | No law to cite until our editors rule.Back to the list of states |
| Maryland | No such law foundNext step: the executor or administrator can act under HIPAA; otherwise ask the records office what proof of authority it needs.Where we looked, searched October 8, 2026; we searched for: person in interest; deceased; personal representative; spouse; next of kin; death | No law found to cite.Back to the list of states |
| Massachusetts | Only for facility records more than 50 years after the death
| M.G.L. c. 123, § 36; M.G.L. c. 123B, § 17.Back to the list of states |
| Michigan | What to give: a written request that is signed and dated by that individual not more than 60 days before being submitted to the health care provider or health facility that maintains the medical recordRecords it covers: the patient's medical record
| MCL 333.26263(a)(ii)(A)-(B); MCL 333.26263(a)(ii)(C); MCL 333.26265(1); MCL 333.26265(2).Back to the list of states |
| Minnesota |
| Minn. Stat. 144.291, subd. 2(g); Minn. Stat. 144.292, subd. 2.Back to the list of states |
| Mississippi | An appointed executor or administrator comes first.The law lets the doctor or hospital release the records to these people; it does not require it.What to give: an affidavit by the heir stating that he or she meets the requirements of this section and that no executor or administrator has been appointedRecords it covers: a copy of the decedent's medical records
| Miss. Code Ann. § 41-10-3(2), as amended by 2023 SB 2797; Miss. Code Ann. § 41-10-3(3); Miss. Code Ann. § 41-10-3(4); 30 Miss. Admin. Code Pt. 2635, Ch. 10, R. 10.1(D).Back to the list of states |
| Missouri | An appointed executor or administrator comes first.What to give: the affidavit of the surviving spouse that he or she is the surviving spouse; each person after the spouse, except the trustee, gives an affidavit of their relationshipRecords it covers: a deceased patient's health care records
| RSMo 191.227.7; RSMo 191.227.7(1); RSMo 191.227.7(2); RSMo 191.227.7(3); RSMo 191.227.7(4); RSMo 191.227.7(5); RSMo 191.227.7(6).Back to the list of states |
| Montana | An appointed executor or administrator comes first.
| MCA 50-16-522; MCA 50-16-804.Back to the list of states |
| Nebraska | No such law foundNext step: the executor or administrator can act under HIPAA; otherwise ask the records office what proof of authority it needs.Where we looked, searched October 8, 2026 | No law found to cite.Back to the list of states |
| Nevada | Records it covers: the health care records of a patient
| NRS 629.061(1); NRS 629.061(1)(b); NRS 629.061(1)(c); NRS 629.061(1)(d); NRS 629.061(4).Back to the list of states |
| New Hampshire | An appointed executor or administrator comes first.What to give: A notarized affidavit, pursuant to paragraph VII, indicating he or she is authorized to access the patient's records; An authorization in compliance with the federal Health Insurance Portability and Accountability Act of 1996; A copy of the death certificateRecords it covers: a copy of the legal medical records of the deceased
| RSA 332-I:13, I; RSA 332-I:13, II(a); RSA 332-I:13, III(a)(1); RSA 332-I:13, III(a)(2)-(3); RSA 332-I:13, III(b); RSA 332-I:13, III(c).Back to the list of states |
| New Jersey | Only for records of state-licensed mental health servicesThe law lets the doctor or hospital release the records to these people; it does not require it.What to give: A valid written authorization for the release of information must be obtained from next of kin
| N.J.A.C. 10:37-6.79(g); N.J.A.C. 10:37-6.79(g)1-6.Back to the list of states |
| New Mexico | Under reviewHeld back until our editors rule. Until then, the executor or administrator can act under HIPAA; otherwise ask the records office what proof of authority it needs. | No law to cite until our editors rule.Back to the list of states |
| New York | Under reviewHeld back until our editors rule. Until then, the executor or administrator can act under HIPAA; otherwise ask the records office what proof of authority it needs. | No law to cite until our editors rule.Back to the list of states |
| North Carolina | Only for hospital records
| 10A NCAC 13B .3904.Back to the list of states |
| North Dakota | No such law foundNext step: the executor or administrator can act under HIPAA; otherwise ask the records office what proof of authority it needs.Where we looked, searched October 8, 2026 | No law found to cite.Back to the list of states |
| Ohio | What to give: a written request signed by the patient, personal representative, or authorized person dated not more than one year before the date on which it is submittedRecords it covers: part or all of a medical record
| R.C. 3701.74(A)(11); R.C. 3701.74(B).Back to the list of states |
| Oklahoma | An appointed executor or administrator comes first.What to give: a written releaseRecords it covers: the information contained in the patient's medical records including any x-ray or other photograph or image, pathology slide or the patient's medical bills. Shall not apply to psychological, psychiatric, mental health or substance abuse treatment records.
| 76 O.S. § 19(A)(1); 76 O.S. § 19(A)(3).Back to the list of states |
| Oregon | An appointed executor or administrator comes first.Records it covers: protected health information held by a covered entity, ORS 192.553 to 192.581
| ORS 192.573; ORS 192.573(1)-(2); ORS 192.573(3)-(4); ORS 192.573(5)-(7).Back to the list of states |
| Pennsylvania | Only for hospital records
| 28 Pa. Code § 115.29.Back to the list of states |
| Rhode Island | Records it covers: a patient’s medical records
| R.I. Gen. Laws § 5-37.3-3(1)(iii); R.I. Gen. Laws § 23-1-48(b).Back to the list of states |
| South Carolina | No such law foundNext step: the executor or administrator can act under HIPAA; otherwise ask the records office what proof of authority it needs.Where we looked, searched October 8, 2026 | No law found to cite.Back to the list of states |
| South Dakota | Under reviewHeld back until our editors rule. Until then, the executor or administrator can act under HIPAA; otherwise ask the records office what proof of authority it needs. | No law to cite until our editors rule.Back to the list of states |
| Tennessee | Only for hospital recordsWhat to give: upon request in writing by the patient or the representative
| Tenn. Code Ann. § 68-11-304(a)(1), as amended by 2024 Tenn. Pub. Acts ch. 739, § 1; Tenn. Code Ann. § 68-11-304(a)(1)(B)-(C), as amended by 2024 Tenn. Pub. Acts ch. 739, § 1.Back to the list of states |
| Texas | Under reviewHeld back until our editors rule. Until then, the executor or administrator can act under HIPAA; otherwise ask the records office what proof of authority it needs. | No law to cite until our editors rule.Back to the list of states |
| Utah | The law lets the doctor or hospital release the records to these people; it does not require it.
| Utah Code 78B-5-619.Back to the list of states |
| Vermont | Under reviewHeld back until our editors rule. Until then, the executor or administrator can act under HIPAA; otherwise ask the records office what proof of authority it needs. | No law to cite until our editors rule.Back to the list of states |
| Virginia | An appointed executor or administrator comes first.The law lets the doctor or hospital release the records to these people; it does not require it.
| Va. Code § 32.1-127.1:03(D)(24); Va. Code § 32.1-127.1:03(D).Back to the list of states |
| Washington | Under reviewHeld back until our editors rule. Until then, the executor or administrator can act under HIPAA; otherwise ask the records office what proof of authority it needs. | No law to cite until our editors rule.Back to the list of states |
| Washington, DC | What to give: written requestRecords it covers: a complete and current copy of that personal medical record, held by a health care entity having custody and control of the patient's or client's personal medical record
| D.C. Code § 3-1210.11(a); D.C. Code § 3-1210.11(a)(6); D.C. Code § 3-1210.11(a)(2)-(5).Back to the list of states |
| West Virginia | No such law foundNext step: the executor or administrator can act under HIPAA; otherwise ask the records office what proof of authority it needs.Where we looked, searched October 8, 2026 | No law found to cite.Back to the list of states |
| Wisconsin | What to give: upon submitting a statement of informed consentRecords it covers: the health care records of a health care provider pertaining to that patient
| Wis. Stat. 146.81(5); Wis. Stat. 146.83(1c); Wis. Stat. 146.83(3f)(a).Back to the list of states |
| Wyoming | No such law foundNext step: the executor or administrator can act under HIPAA; otherwise ask the records office what proof of authority it needs.Where we looked, searched October 8, 2026 | No law found to cite.Back to the list of states |
After 50 years
HIPAA protects a person's health information for 50 years after death: “The HIPAA Privacy Rule protects the individually identifiable health information about a decedent for 50 years following the date of death of the individual.” After that, HIPAA no longer covers it; its definition of protected health information (the health information HIPAA protects) leaves out information “Regarding a person who has been deceased for more than 50 years.” The records may no longer exist by then (see how long medical records are kept), and state law can still limit who sees them. Other federal rules can also limit who sees some records. This page does not list them.
Sources: Health Information of Deceased Individuals, read October 8, 2026; 45 CFR 160.103, Definitions (protected health information), read October 8, 2026.
Records from a doctor who has died
If the records were held by a doctor who has died, the practice may have closed or passed to another doctor. See how to get old medical records: what each state requires when a doctor dies or a practice closes, and where to ask.
Built by SuperTruth, which checks whether a record can be trusted before an AI acts on it. About SuperTruth · How we used AI · Follow changes
Health Record Rights Index by SuperTruth. Not legal or medical advice. State laws as of ; federal rules read between and . Our own words are CC BY 4.0; quoted law and page titles stay with their owners. This page last changed on . Terms of Use · Privacy Policy