A probate estate must be opened to obtain the
medical records of a deceased person.
A formal Petition for Probate
and\or Appointment of Personal Representative (Testate\Intestate) (PC 559 )
must be filed and include a request that a special personal representative be
County Probate Court
will not appoint a
special personal representative on an informal application.
For additional information, see Decedent Estate (found under Information – How to Start a Wayne County Probate Court Case)
If there are no probate assets
(i.e., nothing owned by the decedent in their name only), or it is thought that
(1) the estate assets will be less than the cost of the funeral and other
funeral related expenses or (2) the estate assets exceed funeral costs but
there is also an urgent need to obtain medical records, a special personal
representative could be appointed for the sole purpose of obtaining the
deceased person’s medical records. The letters
of authority issued by the Court would limit the special personal
representative’s powers to securing medical records only.
If there were no probate assets, the special
personal representative could close the estate by filing an Inventory (PC
577) and preparing either:
A first and final Account of
583or PC 584) to be filed and allowed with Waivers
and Consents (PC 561) or at a hearing.
Submitting a Sworn (Partial) Statement
to Close Administration (PC 592) and serving it on all interested
Notice to creditors would not be required.
If the assets exceed the funeral
costs, a hearing must be requested to appoint a full personal representative. Notice to creditors would be required.
To learn more about closing an estate, see Decedent Estate (found under Information – How to Close a Wayne County Probate Court