Quick answer — What to do first

If someone is using your deceased parent’s bank or credit card accounts after their death, act quickly. You should (1) get certified copies of the death certificate, (2) contact the bank and credit card companies and tell them the account holder has died, (3) determine whether a will or a trust names a personal representative or successor trustee, and (4) if necessary, open a probate case or use other legal tools to obtain formal authority to recover or freeze funds. If the person using the accounts has no legal authority (for example, a power of attorney ends at death), their access is likely unauthorized and may be criminal or civil wrongdoing.

Step-by-step actions to take now

1. Obtain certified death certificates. Request multiple certified copies from the county vital records office. Banks and creditors will require a certified copy to act.
2. Contact each bank and credit card company immediately. Report the death, ask them to freeze or close the accounts pending documentation, and request a written transaction history. Provide the death certificate and explain you are trying to protect estate assets.
3. Identify who has legal authority. Look for a will, trust, or court papers naming a personal representative (executor) or successor trustee. A will usually requires probate to appoint a personal representative. A trust may allow a successor trustee to act without probate.
4. Understand account ownership and beneficiary designations. Determine whether accounts were held:
• As a sole account—assets belong to the decedent’s estate.
• Jointly with right of survivorship—surviving joint owner may keep the funds.
• With a Payable-On-Death (POD) or Transfer-On-Death (TOD) beneficiary—funds pass directly to the named beneficiary and usually avoid probate.
5. Remember: a power of attorney ends at death. Any agent under a power of attorney loses authority when the principal dies. Continued use of accounts after death by an agent is generally unauthorized.
6. If you are named personal representative or successor trustee, gather documentation. For a probate personal representative you will need letters testamentary or letters of administration issued by the court. Present these to banks to obtain control of estate accounts.
7. If there is no will or small estate, consider simplified procedures. North Dakota’s probate laws include procedures to collect small estates or open a limited probate. Check the North Dakota Century Code (Uniform Probate Code) for the relevant process and thresholds: https://www.legis.nd.gov/cencode/t30.1. The North Dakota Courts also explain probate and small estate procedures: https://www.ndcourts.gov/legal-resources/probate
8. Preserve evidence and document unauthorized transactions. Keep copies of statements, emails, letters, and records of phone calls. Make a timeline of withdrawals, transfers, and purchases made after the date of death.
9. Report suspected theft or financial exploitation. If someone is using accounts unlawfully, report the conduct to the bank’s fraud unit, local law enforcement, and the North Dakota Attorney General’s Consumer Protection Division: https://attorneygeneral.nd.gov/consumer-protection. Financial exploitation of a decedent’s estate can be a crime.
10. Consider emergency court relief. If funds are being dissipated, a court can issue temporary orders to freeze assets pending resolution. An attorney can file an emergency petition to protect the estate.
11. Protect credit and cancel cards. Notify credit card issuers that the cardholder has died, ask them to close accounts to new charges, and dispute unauthorized charges. Notify the major credit-reporting agencies to place a deceased alert to prevent new credit from being opened in the decedent’s name.
12. Talk to a probate or trust attorney. An experienced North Dakota attorney can tell you whether to open probate, use a small-estate collection method, sue for conversion, or press criminal charges.

How North Dakota law applies

North Dakota follows the Uniform Probate Code framework and state-specific probate rules. Key legal points that commonly apply:

• Appointment of a personal representative (executor) is done through probate court under North Dakota’s probate statutes. The court issues letters that give legal authority to collect assets and pay debts. See the North Dakota Century Code, Title 30.1 (Uniform Probate Code): https://www.legis.nd.gov/cencode/t30.1
• Accounts titled jointly with rights of survivorship or with POD/TOD beneficiaries typically pass outside probate to the surviving co-owner or beneficiary. The bank will require proof (death certificate and possibly beneficiary documentation) before releasing funds.
• Powers of attorney generally terminate at the principal’s death, so an agent cannot legally continue to use the decedent’s accounts after death. Continued use may be grounds for civil claims (conversion, breach of fiduciary duty) and criminal charges.
• North Dakota has procedures to collect small estates without full probate in certain cases; these are found in the state’s probate statutes and court rules. Review the statutes or a lawyer can advise whether you qualify and how to proceed: https://www.legis.nd.gov/cencode/t30.1

If the other person claims authority

Common claims you may encounter and how to respond:

• They say they were a power of attorney. Ask for a copy. Remember the agent’s authority ends on death. If they continue to use funds, notify the bank and consider legal action.
• They were a joint owner. Banks will require documentation to support joint ownership. If they are listed as joint owner with rights of survivorship, the bank may allow them to keep funds. If joint account status is disputed, the issue can be litigated in probate court.
• They claim the money as a gift. Gifts made before death can be valid, but gifts made after death are not valid. Transactions after the date of death are generally unauthorized and traceable.

When to involve the police or file a civil suit

Contact law enforcement if you suspect theft, fraud, or financial exploitation. Banks are also likely to have fraud investigators who can freeze accounts and reverse some transactions. For unresolved recoveries, you may need to file a civil lawsuit against the person who used the accounts to recover funds, plus possibly seek punitive damages and attorney fees.

Helpful hints — practical tips to protect and recover assets

• Order several certified copies of the death certificate right away (banks, insurers, and government agencies require originals).
• Immediately contact the bank fraud department and file written requests to freeze accounts.
• Ask each financial institution for account ledgers showing activity before and after death.
• Keep written records of all communications with banks, creditors, and the person using the accounts.
• If you expect trouble, consider hiring a probate attorney early — legal intervention can prevent dissipation of estate assets.
• Check whether a trust exists — successor trustees can sometimes manage or distribute assets without probate.
• Place a deceased alert with the three major credit bureaus to prevent new accounts: Equifax, Experian, and TransUnion.
• If a caregiver or family member is misusing funds, the North Dakota Department of Human Services or Adult Protective Services may have resources if the decedent was a vulnerable adult before death.

Resources

• North Dakota Century Code (Uniform Probate Code): https://www.legis.nd.gov/cencode/t30.1
• North Dakota Courts — Probate information: https://www.ndcourts.gov/legal-resources/probate
• North Dakota Attorney General — Consumer Protection: https://attorneygeneral.nd.gov/consumer-protection
• Local county clerk of court — to begin probate filings and request forms