Detailed answer — step-by-step actions under Maryland law

If someone continues to use a deceased parent’s bank accounts or credit cards after the parent’s death, act quickly. Maryland law provides ways to stop unauthorized use, recover assets, and obtain legal authority to control accounts. Below are clear, practical steps you can take and the legal tools typically used in Maryland.

1. Confirm the death and gather documents

• Obtain multiple certified copies of the death certificate from the local health department or the funeral home.
• Gather the decedent’s documents: will, trust, bank statements, recent mail, account numbers, credit card statements, and any cards or checkbooks you can find.

2. Notify banks and card issuers immediately

Contact each bank and credit card company and report the account holder’s death. Ask the institution to freeze or close the account to prevent further transactions until you or an appointed representative can act. Each institution will have its own requirements — usually a certified death certificate and proof of your authority to act (see steps 4–6).

3. Preserve evidence of unauthorized use

• Take screenshots or print recent online statements showing suspicious transactions.
• Keep copies of correspondence with the bank, card companies, and the person using the accounts.
• If possible, note dates, amounts, and where transactions occurred. This helps when you report fraud to the issuer and police.

4. Determine whether you already have legal authority to access accounts

Common ways to have immediate access:

• Joint account with right of survivorship or Payable-on-Death (POD)/Transfer-on-Death (TOD) designation: these pass outside probate to the surviving co-owner or beneficiary.
• If a trust owns the assets and you are the successor trustee, provide the trust documents and death certificate to the banks.

If the account was solely in the decedent’s name and no beneficiary or joint owner exists, you generally need official letters or authority from the Register of Wills (probate) to control or close accounts.

5. Use the Maryland small estate affidavit if eligible

Maryland allows a simplified procedure for small estates to collect personal property without full probate. If the decedent’s personal property (assets not passing by beneficiary designation) falls under the small estate limit, an eligible person may use a small estate affidavit to collect funds from banks or sell personal property. To begin, contact the local Register of Wills for instructions and forms. See Maryland Courts resources for small estates: Maryland Estates & Trusts law and the Register of Wills at mdcourts.gov/registerofwills.

6. Open a full probate (letters of appointment) if necessary

If the estate exceeds the small estate threshold or you need authority to handle creditors, file for appointment as personal representative (executor/administrator) at the Register of Wills. Once appointed, the personal representative receives letters (letters testamentary or of administration) that banks accept as authority to access and manage accounts. The Maryland statutory probate process and forms are handled through the Register of Wills: mdcourts.gov/registerofwills. For the Maryland Code governing probate and administration, see the Estates & Trusts Article: mgaleg.maryland.gov.

7. If someone is using accounts without authority — report fraud and theft

Unauthorized use after death can be criminal (theft, fraud, forgery) and a civil wrong (conversion). Steps to stop and document theft:

• Report the fraud to each bank and credit card issuer. Ask them to investigate and reverse unauthorized charges.
• File a police report with your local police department. Bring evidence (statements, account logs, communications) and the death certificate.
• Consider contacting the State’s Attorney’s office if the police advise it. Criminal charges can deter continued misuse.
• File an identity-theft report and recovery plan at the federal site: identitytheft.gov.

8. Civil remedies if banks or the user refuse to cooperate

If banks won’t freeze or return funds and the person using accounts refuses to stop, you may file a civil suit for conversion, breach of fiduciary duty (if the person had some duty), or to compel the institution to turn over funds to the estate. A Maryland lawyer can help prepare a petition or lawsuit and pursue remedies, including temporary injunctions or turnover orders from the probate court.

9. Practical tips for credit cards

• Authorized users: They can use cards but are usually not legally responsible for the debt when the primary cardholder dies. The card issuer will biasanya close the account or freeze it after learning of the death.
• Joint accounts or co-signed cards: A co-signer remains liable for the debt.
• Ask issuers to block card numbers and issue refunds for unauthorized charges. Provide the death certificate and any letters of appointment to the issuer.

10. When to get a lawyer

Contact a Maryland probate or elder-law attorney if:

• Someone is actively spending funds after repeated requests to stop;
• Banks refuse to honor the death and keep allowing withdrawals;
• You need to file for full administration and face contested disputes over who should be personal representative; or
• The amounts at stake are significant or there is evidence of long-term abuse or fraud.

A lawyer can help file for letters of administration, obtain court orders to freeze or recover funds, and represent the estate in civil or criminal referrals.

Helpful Hints

• Act quickly. Banks may freeze accounts or decline to reverse transactions if you delay.
• Keep copies of everything. Time-stamped records help when reporting fraud or filing court actions.
• Call the bank’s fraud department and the card issuer’s dispute department first. Follow up in writing and send a certified death certificate and any letters of appointment.
• Check whether accounts are POD, joint, or trust-owned. Those typically avoid probate and may go directly to the named beneficiary or co-owner.
• Do not try to change account ownership on your own (for example, by forging signatures). Doing so can create criminal exposure for you.
• If the suspected misuse involves a caregiver or family member, document patterns of withdrawals and report to Adult Protective Services if abuse is suspected.
• Use Maryland government resources: the Register of Wills can explain probate steps and local procedures: mdcourts.gov/registerofwills.
• For general guidance about bank accounts and credit cards after someone dies, see federal consumer guidance: Consumer Financial Protection Bureau.