Detailed answer — what happens in Missouri probate when you find unauthorized charges

This section explains the practical steps and legal procedures that typically occur in Missouri probate when unauthorized charges appear on a parent’s accounts or against their estate. This is a general overview; every case is fact-specific.

1. Who runs the estate and what are their duties?

When a person dies, the probate court appoints a personal representative (called an executor if named in the will, or an administrator if appointed by the court). The personal representative must gather assets, pay valid debts and taxes, and distribute the remainder to beneficiaries. Missouri law governing estate administration is found in the Missouri Revised Statutes, Chapter 473 (Administration of Estates). See: RSMo Chapter 473.

2. Discovery and initial steps

If you discover charges you believe were unauthorized (for example, withdrawals from bank accounts, credit card charges, transfers, or bills paid after death that shouldn’t have been), take these immediate steps:

• Preserve records: get copies of bank statements, cancelled checks, credit card statements, receipts, and account access logs.
• Notify the personal representative in writing with details and copies of documents.
• Do not destroy or alter records. If possible, take screenshots and printouts with timestamps.

3. The personal representative’s accounting and inventory

The personal representative must prepare an inventory of estate assets and typically provide accountings to the court and the beneficiaries. That accounting should show all receipts and expenditures from estate accounts. If unauthorized charges are present, they should appear in the accounting, and beneficiaries or interested parties can challenge them in probate court. See general administration provisions: RSMo Chapter 473.

4. Claims against the estate and creditor procedures

Claims for money owed to others are handled through the probate claims process. If someone alleges the estate was charged improperly (for example, a third party billed the estate without authorization), that party must present a valid claim and the personal representative decides to allow or reject it. If the charge was improper and you (as a beneficiary or interested party) want recovery, you will typically have to raise that issue with the personal representative and the court as part of the estate’s administration.

5. Challenging unauthorized charges — actions the court can take

If evidence shows funds were taken or charges were incurred without legal authority, interested parties (beneficiaries, heirs, creditors) can ask the probate court to:

• Order an accounting or an audit of the estate’s transactions.
• Surcharge the personal representative or any fiduciary who improperly took or allowed improper charges — that means requiring them personally to repay estate losses.
• Remove or replace the personal representative for breach of fiduciary duty.
• Bring a civil action for conversion, breach of fiduciary duty, or unjust enrichment to recover funds for the estate.
• Freeze accounts or appoint a temporary receiver in urgent cases to prevent further dissipation of assets.

6. Criminal remedies and reporting

Some unauthorized charges may also be criminal (theft, financial exploitation of an elderly or disabled person, fraud). If you suspect criminal conduct, you can report it to local law enforcement or prosecutors and to Adult Protective Services. Prosecutors can pursue criminal charges separately from probate remedies. The probate court’s civil orders do not preclude criminal prosecution.

7. Typical timeline and practical considerations

Probate court procedures take time. Acting quickly matters because evidence may disappear, accounts may become commingled, and certain claims or defenses may be time-limited. Preserve evidence, communicate promptly with the personal representative, and file any necessary objections or petitions with the probate court as soon as you can. Missouri’s estate administration rules and timelines are covered in RSMo Chapter 473: RSMo Chapter 473.

8. What a beneficiary or concerned family member can do right now

1. Collect documentation of the charges (statements, receipts, emails, texts).
2. Ask the personal representative for a written accounting and copies of estate bank statements and invoices.
3. If the personal representative ignores requests or you suspect wrongdoing, consider filing a petition in probate court asking for an accounting, for surcharge, or for removal of the personal representative.
4. Consider criminal reporting if exploitation or clear theft appears likely.
5. Consult a probate or elder-law attorney experienced in Missouri probate to evaluate the evidence and file necessary court papers. If cost is a concern, ask the attorney about fee-shifting or seeking recovery of attorney fees from the estate.

Key Missouri law resources

• Administration of estates (Missouri Revised Statutes, Chapter 473): https://revisor.mo.gov/main/OneChapter.aspx?chapter=473
• General probate information from the Missouri Courts: Missouri Courts — Probate

Note: This explanation summarizes typical probate responses in Missouri. Statutory details and deadlines are important and fact-driven. Consult the statutes linked above and speak with a Missouri probate attorney to apply the law to your situation.

Helpful Hints — practical steps and tips

• Act quickly: preserve bank records and account information right away.
• Keep a clear paper trail: date-stamped copies, screenshots, and emails help the court assess disputed charges.
• Ask for a formal accounting from the personal representative in writing.
• Do not remove assets yourself or threaten the personal representative — follow court procedures.
• Consider sending a written demand for the return of funds before filing court papers; this can sometimes resolve issues faster.
• Get legal help early if the estate is large or the misconduct appears significant. Probate remedies often require court petitions and evidence rules apply.
• If you suspect criminal exploitation, report to local police and to Adult Protective Services for your county or the Missouri Department of Health and Senior Services.
• Be prepared that probate disputes can take months; interim protections (like freezing an account or appointing a temporary receiver) are possible but require court petitions.