Thank you, XXXXX XXXXX again, my condolences.
When someone passes away, someone has to speak for the estate. The problem is that without probate, this is hard to do. This is because one does not represent the estate simply by holding a Certificate of Death or a Power of Attorney. A Certificate of Death simply states that someone has passed on, but does not give you the right to really do anything in the deceased's name. And, a Power of Attorney generally voids on one's death.
So one files probate. Once probate is filed, the Executor of the estate gets something called a Letter of Testament/Administration
(hereinafter "Letter"). This Letter will allow the Executor to act on behalf of the estate, and to request medical records, etc. This is what is needed
The good news is that very likely, her estate qualifies for small estate administration - this is a type of probate that is essentially done via mail. See here
. You may use an attorney, but, you do not have to (although it is recommended).
Once the probate (or small estate administration) is filed, then the Executor receives that Letter
from the Court, and then the medical records are to be provided at request to the Executor.
I hope this helps and clarifies. Good luck.
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