Legal Question in Wills and Trusts in Pennsylvania

my mother passed away without a will. who is named executor or who can sign a release for her medical records


Asked on 4/05/13, 2:30 am

2 Answers from Attorneys

John Davidson Law Office of John A. Davidson

No one can be name executor or executrix. Intestate esatate have administrators.

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Answered on 4/05/13, 6:34 am

Mr. Davidson is correct. Did any of the children seek to probate an estate and become the administrator? No one will be able to obtain medical records except for the duly appointed personal representative of your mother's estate. You will need a short certificate (if this is in PA) - this document is basically an order from the register of wills advising that the person name has been appointed as personal representative of the estate. You probably will also need a HIPAA release for the personal representative to complete.

Executor (make) or executrix (female) exists where there is a will.

Since you indicate there is no will, the person in charge is the administrator (male) or administratrix (female).

I use the term personal representative as it covers both and is gender neutral.

They all mean the same thing and the duties are the same. The duties are to gather (inventory) what the deceased person owned, figure out what they owed, pay the properly filed claims for debts and distribute what is left to the beneficiaries (if there is a will) or the heirs under the intestacy laws (if there is no will).

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Answered on 4/05/13, 11:25 am


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