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Short answer: In New York, only a person with legal authority over the decedent’s estate (an executor named in a will or an administrator appointed by the Surrogate’s Court) can legally control bank and credit card accounts after death. If someone else is using those accounts, act quickly: notify the financial institutions, collect a death certificate, preserve evidence, and seek appointment as the estate’s representative (or ask the court to remove or stop the unauthorized user). The Surrogate’s Court handles estate administration, and banks typically will release funds only to a person with letters testamentary or letters of administration.

Why this matters

When a person dies, a power of attorney ends and no one may lawfully continue to use the decedent’s accounts unless they have court authority. Unauthorized use can deplete estate assets needed for funeral expenses, bills, taxes, and distributions to heirs. New York courts and banks treat the decedent’s funds as estate property once death is confirmed.

Immediate steps to take (first 24–72 hours)

• Get certified copies of the death certificate. Banks and card issuers will require an official death certificate to act.
• Contact each bank and credit-card company. Tell them the account owner is deceased and ask the institution to freeze or block outgoing payments pending proof of legal authority. Provide the death certificate.
• Preserve evidence of unauthorized use. Keep copies of statements showing the questionable transactions, text messages, emails, or written communications.
• Call the local police if you believe criminal theft or fraud is occurring. A police report may help with bank investigations and later court proceedings.
• If you suspect identity theft, place fraud alerts with credit bureaus and check the decedent’s credit reports. Contact major bureaus (Equifax, Experian, TransUnion) to report fraud.

Who can lawfully control accounts after death?

Authority flows from the estate process:

• If the decedent left a will: the executor named in the will can apply to the Surrogate’s Court for letters testamentary. Once issued, banks will accept those letters and permit the executor to open an estate account and manage funds.
• If there is no will: an interested person (usually a close family member) can petition the Surrogate’s Court for letters of administration. The court appoints an administrator who receives legal authority over estate assets.

General information on Surrogate’s Court and estate administration in New York is available from the New York State Surrogate’s Court procedures and the Consolidated Laws: NYC Surrogate’s Courts, and law texts at the New York Legislature site: Surrogate’s Court Procedure Act (SCPA) and Estates, Powers and Trusts Law (EPTL).

If someone else is using accounts after death — practical remedies

1. Demand that the financial institution freeze or close the accounts. Use the death certificate and identify that the user has no authority. Many banks will place a hold pending submission of letters from the Surrogate’s Court.
2. Apply for court-appointed authority. If you are named executor, file the will and petition for letters testamentary in the Surrogate’s Court in the county where the decedent lived. If there is no will, file for letters of administration. Once you have letters, present them to the bank to gain control of accounts and recover funds.
3. Emergency options if funds are being rapidly drained. You can ask the Surrogate’s Court for expedited or emergency relief, including temporary appointment of an administrator or restraining orders against the person spending the money. Explain the imminent risk and attach evidence of improper withdrawals. Contact the Surrogate’s Clerk for local procedures: Surrogate’s Court contact.
4. Civil remedies. After or instead of probate remedies, you may file a civil lawsuit (for conversion, unjust enrichment, or breach of fiduciary duty) in New York State Supreme Court or a local civil court to recover misused funds. The court can order repayment and may award additional remedies.
5. Criminal referral. If the unauthorized use amounts to theft or fraud, file a police report. Prosecutors can pursue criminal charges if appropriate. (New York Penal Law criminalizes various theft and fraud offenses; see general Penal Law information: New York Penal Law.)
6. Contact credit-card issuers for charge disputes and to cancel cards. Card companies have internal policies for deceased account holders. They often cancel the card and investigate charges made after death. They may request a copy of the death certificate and letters from the Surrogate’s Court.
7. Account reconciliation. Once you obtain legal authority, open an estate bank account and move remaining funds into it. Prepare an inventory and accounting of transactions and notify creditors and heirs as required by SCPA/EPTL procedures.

Hypothetical example (common fact pattern)

Jane learns her mother died last week. Jane obtains a death certificate and finds that her brother has been using their mother’s debit card to make purchases. Jane calls the bank and provides the death certificate. The bank freezes outgoing transactions but refuses to release funds without court papers. Jane files the will with the county Surrogate’s Court and petitions for letters testamentary. The court issues letters; Jane opens an estate account and presents the letters to the bank. The bank transfers estate funds into the estate account, and Jane demands reimbursement for the brother’s post-death withdrawals. Jane also files a civil claim for conversion and files a police report to document possible criminal conduct.

Timeline and costs

Surrogate’s Court processing times vary by county. In non-emergency cases, obtaining letters often takes days to several weeks. Emergency temporary relief can be faster if the court finds immediate risk. Court fees, filing costs, and possible attorney fees will vary. Many banks require the court papers before they will release substantial funds.

Key New York statutes and resources

• Surrogate’s Court Procedure Act (SCPA) — govern probate and administration procedures: https://www.nysenate.gov/legislation/laws/SCPA
• Estates, Powers and Trusts Law (EPTL) — covers wills, intestacy, and distribution rules: https://www.nysenate.gov/legislation/laws/EPTL
• New York State Unified Court System — Surrogate’s Court information and forms vary by county: https://www.nycourts.gov/courts/nyc/surrogates/
• New York Department of Financial Services — consumer resources about banks and financial institutions: https://www.dfs.ny.gov/
• New York Penal Law (for criminal theft/fraud reference): https://www.nysenate.gov/legislation/laws/PEN

Helpful Hints

• Gather documents early: certified death certificate(s), any will, bank statements, account numbers, and IDs for potential petitioners.
• Do not rely on a power of attorney after death. It ends when the principal dies.
• Contact each bank and card issuer in writing and keep copies of all correspondence and call logs (dates, names, what was said).
• If the person spending the money is close family, consider mediation after you secure estate control; but secure the assets first.
• Ask the Surrogate’s Clerk in the county where the decedent lived for local forms and emergency procedures. Many counties post intake checklists and form packets online.
• Consider hiring an attorney experienced in New York probate and estate litigation if substantial sums are at risk, or if the unauthorized user refuses to return funds.
• If you suspect financial elder abuse or identity theft, also contact adult protective services (if relevant) and the credit bureaus.