I need to obtain medical records for my father who passed away, and also bring something to the bank in case anything is left in his account. I’m his next of kin.
March 22, 2025
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Unfortunately, no medical provider will give you records unless you are the executor of the estate.
For the bank, you may be able to use a small estate affidavit, depending on the value in the account and the state law.
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I need to obtain medical records for my father who passed away, and also bring something to the bank in case anything is left in his account. I’m his next of kin.
I’m sorry to hear about your father’s passing. Are you looking to obtain his medical records for a specific reason?
Thank you. Yes, I would like to see what happened there.
Have you already contacted the medical facility where your father was treated to request his medical records?
Yes. They need proof that I’m next of kin. I’m his only daughter. He wasn’t married.
Is there anything else the lawyer should know before I connect you? Rest assured they’ll be able to help with obtaining the medical records.
No, just how to obtain — I guess — an affidavit and what it needs to say before I get it notarized, to show I’m next of kin for medical records and the bank.
Hello! Thanks for using AskaLawyer. My name is Stephen, and I’m an attorney. I’m sorry to hear you’re dealing with this. Let’s walk through it.
You would need to open an estate and be appointed executor in order to access your father’s medical records or bank account. Simply being next of kin doesn’t give you legal authority under HIPAA or to interact with the bank.
There is no estate. I just need the records and to check the bank with his checkbook to see if there’s any money.
Unfortunately, no medical provider will give you records unless you are the executor of the estate.
For the bank, you may be able to use a small estate affidavit, depending on the value in the account and the state law.
How much does that cost?
If you hire an attorney to open a full estate, it can cost thousands.
But if the estate is small (under $25,000 in Nevada), you can use a small estate affidavit.
I’m in New Jersey. My father passed in Nevada. Do I have to go to Nevada?
Yes. The estate process happens in the state where the person passed away.
You can sometimes appear via Zoom, but the court may still require a physical filing or notarized documents submitted by mail.
Okay. But I can do that form myself?
Yes. That form can be used instead of a full estate, as long as the total estate value is under $25,000.
It allows you to negotiate with the bank, but not obtain medical records.
Okay. And how long does that take?
Usually less than 30 days, depending on the court or bank processing.
And I can’t go to the bank without it?
Correct. The bank won’t give you access without proof of legal authority — either through an estate or small estate affidavit.
What do you mean by “up to $25,000”?
That’s the maximum value of the entire estate (bank account, personal property, etc.) allowed to qualify for the small estate affidavit in Nevada.
If it exceeds that, you’d need to open a full estate.
So I use that form for the bank. But how do I get the medical records?
Unfortunately, for medical records, you need to open a full estate and be appointed executor.
That’s the only way to get access under HIPAA.
If you’re trying to obtain records for a lawsuit, you’d need the estate anyway.
Okay, thank you. I really appreciate your time.
You’re very welcome. Here are some helpful links:
If you need legal help in Nevada, you can find a lawyer through:
Let me know if you need anything else. Take care and be well.
