How to stop unauthorized use and regain control of a deceased parent’s financial accounts in Missouri

Short answer: Act fast. Secure certified copies of the death certificate, ask the bank and card issuers to freeze the accounts, report unlawful use to the bank and local police, and open a probate file so a personal representative (executor or administrator) can get legal authority (letters testamentary or letters of administration) to manage or close accounts. Use identity‑theft remedies with credit bureaus and card companies while you pursue formal estate administration.

Detailed answer — step‑by‑step guidance under Missouri law

1) Immediate actions to limit further misuse

• Get several certified copies of the death certificate from the funeral home or the vital records office; banks and card issuers require certified copies.
• Call each bank and credit card company’s customer service and fraud departments. Tell them the account owner is deceased and you suspect someone else is using the account without authority. Ask the bank to freeze or close the account immediately and to flag it for the account of the decedent.
• Ask the bank for a written confirmation of any freeze or actions taken. If the bank refuses to freeze, document the conversation (name, date, time, what was said).
• Report suspected fraud or identity theft to the local police department and get a police report number. Banks and credit card companies often rely on police reports when reversing unauthorized charges.
• Use the federal identity‑theft resource at IdentityTheft.gov to create a recovery plan and obtain an identity‑theft report: https://www.identitytheft.gov/.

2) Establish legal authority to control the decedent’s accounts (probate)

Money and most financial accounts belong to the decedent’s estate after death. Only a person with legal authority from the probate court can lawfully close, transfer, or access those accounts. In Missouri that authority comes through probate proceedings in the county where the decedent lived.

1. Locate the will (if any). The named executor usually applies to the probate court for appointment.
2. If there is no will or the named executor cannot act, a close family member may petition to be appointed administrator.
3. After appointment the court issues letters testamentary or letters of administration. Present these letters to banks and card issuers along with the death certificate; the bank will then deal with the personal representative about account balances, closing accounts, or paying valid debts.

Missouri’s probate laws and procedures are in the Revised Statutes; see the probate chapter for statutes and related procedures: https://revisor.mo.gov/main/OneChapter.aspx?chapter=473.

3) Shortcuts and alternatives for smaller estates

Missouri allows simplified procedures for smaller estates or to collect certain types of property without formal probate. Whether you qualify depends on the type and value of assets and how title is held. If the accounts are payable‑on‑death (POD) or jointly titled (with right of survivorship), they may pass outside probate and the surviving joint owner or named beneficiary can claim them with a death certificate and the bank’s required paperwork.

Check with the county probate court about small‑estate affidavits or simplified collection procedures and their dollar thresholds (the rules are governed by Missouri law and local court procedures): https://revisor.mo.gov/main/OneChapter.aspx?chapter=473.

4) Dealing with ongoing unauthorized transactions

• Request that the bank reverse unauthorized charges and provide documentation of any refunds or denials.
• If the person using the accounts is a family member who is refusing to stop, you may need both civil and criminal remedies. Ask the bank to close online access and replace cards. File a police report for fraud or theft; Missouri criminal statutes addressing theft and identity crimes are in Chapter 570: https://revisor.mo.gov/main/OneChapter.aspx?chapter=570.
• Keep careful records of all unauthorized transactions, bank correspondence, phone calls, and the police report. These records will be important in probate, civil recovery, or criminal investigations.

5) Fixing the decedent’s credit and preventing future misuse

• Contact the three major credit reporting agencies to place a fraud alert and consider a credit freeze: Equifax (https://www.equifax.com/), Experian (https://www.experian.com/), and TransUnion (https://www.transunion.com/).
• Notify card issuers in writing of the death and suspected fraud. Provide a certified death certificate and a copy of the police report where available.
• Use federal consumer finance resources for guidance about disputed charges and billing errors: Consumer Financial Protection Bureau — credit reports and disputes: https://www.consumerfinance.gov/consumer-tools/credit-reports-and-scores/.

6) Timeline and likely outcomes

Banks often will freeze an account quickly once provided a death certificate and police report. The probate appointment timeline varies by county; simple probate can take weeks to months. Formal administration (paying debts, resolving disputes, distributing assets) commonly takes several months to over a year depending on complexity and creditor claims.

7) When to consult a Missouri attorney

You should consider hiring a probate attorney when:

• Someone continues to use the accounts after you reported the death and asked the bank to freeze them.
• The estate includes substantial assets, unclear ownership, or contested claims.
• You need to file a petition for appointment as personal representative or to contest someone else’s appointment.
• There is suspected criminal conduct by someone with access to the accounts and the bank refuses to act.

A licensed Missouri attorney can file the necessary petitions in the county probate court, request emergency relief (temporary restraining orders or court orders to prevent transfers), and represent the estate in disputes. To find a probate attorney in Missouri, use local bar association referral services or the Missouri Bar lawyer directory: https://www.mobar.org/ (search for probate/estate attorneys).

Helpful Hints

• Always get certified copies of the death certificate early — banks require originals or certified copies, not photocopies.
• Document every contact: name, title, date, time, and what was told to you — this helps if the bank disputes your report later.
• If a bank employee refuses to act, ask to speak with the bank’s legal or fiduciary department and request written reasons for refusal.
• Joint account ownership with right of survivorship often passes outside probate — check title carefully before opening probate.
• Don’t transfer or spend funds you are not legally authorized to use. Acting without legal authority may create liability for the person who uses or transfers estate funds.
• For suspected identity theft, use IdentityTheft.gov to generate an official recovery plan and sample letters to creditors: https://www.identitytheft.gov/.
• When you contact credit card companies about disputed charges, follow up in writing and keep copies of all correspondence.

Relevant Missouri legal resources

• Missouri Revised Statutes — Probate/Decedent’s Estates (Chapter 473): https://revisor.mo.gov/main/OneChapter.aspx?chapter=473
• Missouri Revised Statutes — Criminal offenses including theft and identity crimes (Chapter 570): https://revisor.mo.gov/main/OneChapter.aspx?chapter=570
• IdentityTheft.gov (federal identity‑theft recovery): https://www.identitytheft.gov/
• Consumer Financial Protection Bureau — credit reports and disputes: https://www.consumerfinance.gov/consumer-tools/credit-reports-and-scores/

Important disclaimer

This information is educational and not legal advice. It summarizes general Missouri procedures for protecting and administering a deceased person’s accounts. Your situation may involve facts that change how the law applies. Consult a licensed Missouri attorney or the county probate court if you need legal advice or formal court action.