How Oregon Probate Addresses Unauthorized Charges to a Parent’s Estate

Short answer: If someone makes unauthorized charges that reduce your parent’s estate, Oregon probate law gives heirs and the personal representative several paths: present creditor claims, demand an accounting, pursue civil remedies (surcharge, conversion, unjust enrichment), remove or replace the fiduciary, and in some cases notify law enforcement. Acting quickly and preserving evidence improves your chances of recovery. This is general information, not legal advice.

Overview: What counts as an unauthorized charge?

Unauthorized charges can include charges on the decedent’s credit or bank accounts after incapacity or death, improper withdrawals by an agent under a power of attorney, purchases or transfers by a fiduciary (guardian, conservator, or personal representative) that are not for estate benefit, or third-party transfers that lack legal basis. Probate deals with these through claims, fiduciary accountability, and equitable remedies.

Step-by-step: How the probate process deals with unauthorized charges in Oregon

1. Immediate steps you can take

• Preserve records: copy bank statements, credit-card records, receipts, emails, and any communication about the charges.
• Freeze or limit access: contact the bank or card issuer to report potential fraud and ask about temporarily freezing accounts.
• Notify the personal representative (executor) or the attorney handling the estate. If no representative has been appointed, raise concerns with the county probate court clerk.
• Consider filing a police report if theft or fraud is suspected. Criminal investigation does not replace civil recovery, but it can help.

2. Claims against the estate (creditors and wrongful charges)

Oregon law requires creditors and claimants to present claims against an estate under Oregon’s claims statute. For general information about claims procedures, see ORS Chapter 115 (Claims Against Estates): ORS Chapter 115. The personal representative must identify and pay allowed claims in the order the law requires. If a charge arose from wrongful conduct rather than an ordinary debt, it may be treated as a claim or as a basis for separate litigation against the wrongdoer.

3. Duty to account and the court accounting process

The personal representative must collect assets, manage them prudently, and provide beneficiaries with inventories and accountings. If you suspect improper charges, you can demand an accounting or object to the representative’s accounting in probate court. Courts supervise estate administration and can order restitution or surcharge the fiduciary for losses they caused by improper conduct. See ORS Chapter 113 for statutes governing administration and fiduciary duties: ORS Chapter 113.

4. Removal or replacement of a personal representative or fiduciary

If a fiduciary (executor, administrator, conservator, or guardian) misuses estate funds, interested persons can petition the probate court to remove that person and appoint a replacement. The court can also require a bond or order other protections. Removal and surcharge are tools the court uses to protect beneficiaries and the estate.

5. Civil claims against the wrongdoer

Beyond estate procedures, beneficiaries or the personal representative can bring civil suits for conversion (wrongful taking of property), breach of fiduciary duty, unjust enrichment, or fraud against the person who made unauthorized charges. If a third party knowingly received estate assets, you can seek recovery from them too.

6. Criminal reporting

Unauthorized charges sometimes amount to criminal theft or fraud. You can report suspected criminal conduct to law enforcement or the district attorney. Criminal prosecution is separate from civil probate remedies but can support civil recovery or compel evidence.

Timing and limitations

Act quickly. Probate deadlines, creditor-claim windows, and civil statutes of limitations can limit recovery. Presenting claims in a timely manner or objecting to accountings early gives the court options to preserve estate assets and to obtain remedies. If you are unsure about deadlines, consult an attorney promptly.

Short hypothetical (illustrative)

Hypothetical: After a parent dies, an adult child continues to use the parent’s debit card to buy personal items and withdraw cash. The personal representative discovers the transactions while preparing the inventory. The representative can (1) freeze the account, (2) demand the child return the funds and treat any unpaid amount as an estate claim, (3) petition the court to surcharge the child and seek removal if the child is a fiduciary, and (4) if warranted, refer the matter to law enforcement. If the child refuses to repay, the representative or beneficiaries can sue for conversion or unjust enrichment.

Possible outcomes in probate or related civil actions

• Restitution to the estate (repayment of the unauthorized amounts).
• Surcharge or monetary liability imposed on the fiduciary by the court.
• Replacement or removal of the fiduciary and appointment of a neutral administrator.
• Recovery from third parties who benefited improperly.
• Criminal charges, when facts support prosecution.

Who should you contact?

If unauthorized charges appear, consider contacting:

• The estate’s personal representative or the probate attorney handling the estate.
• An attorney experienced in Oregon probate and fiduciary litigation to evaluate claims and deadlines.
• Law enforcement if theft or fraud likely occurred.

Key Oregon statutes and resources

• Claims against estates: ORS Chapter 115 — https://www.oregonlegislature.gov/bills_laws/ors/Pages/ors115.aspx
• Administration of estates and fiduciary duties: ORS Chapter 113 — https://www.oregonlegislature.gov/bills_laws/ors/Pages/ors113.aspx
• Oregon Judicial Department — Probate Information (forms and local court contacts): https://www.courts.oregon.gov/services/pages/probate.aspx

Disclaimer

This article is educational and does not constitute legal advice. For advice specific to your situation, consult a licensed Oregon attorney who handles probate and fiduciary litigation.

Helpful Hints

• Act quickly: gather bank and credit records before they are altered or lost.
• Ask the personal representative for the estate inventory and recent accountings in writing.
• Document communications—save emails, texts, and written requests.
• Do not confront suspected wrongdoers alone if the situation could escalate; let counsel or law enforcement handle it.
• Consider asking the probate court for a temporary order to freeze disputed assets if the estate is at risk.
• Be aware of probate timelines: missing a claim deadline can bar recovery.
• If the estate lacks a personal representative, contact the court clerk for guidance on opening an estate administration case.