Ohio Code § 2113.032

Ohio Code § 2113.032. Reproduced from the official Ohio Revised Code, with a citation summary, verification link, and related provisions.

§ 2113.032.

Any person who is eligible to be appointed as a personal representative of an estate

under the law of this state or named as executor in a will may file an application

with the probate court in the county in which the decedent resided seeking the release

of the decedent's medical records and medical billing records for use in evaluating

a potential wrongful death, personal injury, or survivorship action on behalf of the

decedent.  The application shall include a decedent's estate form listing the decedent's known

surviving spouse, children, next of kin, legatees, and devisees, if any.  The application may be filed prior to the filing of any application for authority

to administer the decedent's estate.  Nothing in this section requires that an application to administer the decedent's

estate be filed if no estate is needed to be administered, unless otherwise required

by law.  The probate court shall send a copy of the application to those persons listed on

the decedent's estate form described in this section unless otherwise directed by

the court.  Upon the filing of the application and the payment of a filing fee as determined

by the court, and not earlier than ten days following the probate court's transmission

of a copy of the application to those persons listed on the decedent's estate form,

the probate court may order that the medical records and medical billing records be

released without a hearing or with a hearing if needed.  The court's order shall direct all medical providers that provided medical care

or treatment to the decedent to release those medical records and medical billing

records to the applicant for the limited purpose of deciding whether or not to file

a wrongful death, personal injury, or survivorship action.  The medical records and medical billing records are confidential and shall not be

made available for public viewing unless otherwise provided for by law or subsequent

court order.  Upon obtaining the requested applicable records, and before the expiration of the

applicable statute of limitations, the applicant shall file a report with the court

certifying that all requested medical records and medical billing records have been

received and shall indicate whether an administration of the decedent's estate will

be filed.

Source: official Ohio text · Last verified 2026-08-27

At a glance

  • Citation: Ohio Revised Code § 2113.032
  • Jurisdiction: Ohio
  • Code: Ohio Revised Code
  • Text: transcribed from the official source (verify below)

Verify the text

Statute text is transcribed from the official Ohio Revised Code. Confirm it against the primary source before relying on it:

Not legal advice. Verify against the official source and consult a licensed Ohio attorney.

Common questions

What is the source of Ohio Revised Code § 2113.032?

The text above is transcribed from the Ohio Revised Code, the codified statutes of Ohio. The official publisher link appears under "Verify the text" on this page.

What subject does Ohio Revised Code § 2113.032 address?

It addresses the rule set out in the section text. Read the section together with the surrounding provisions listed under "Nearby provisions" for the full picture.

Is Ohio Revised Code § 2113.032 still in force?

Statutes are amended, repealed, and renumbered every session. Confirm the current version at the official Ohio source before relying on this text.

Can this page be used as legal advice?

No. This is a reference transcription for research. Applying Ohio law to your facts requires a licensed Ohio attorney who can review the specifics.