What to do if someone else is using a deceased parent’s bank or credit card accounts in South Carolina

Short answer: Act quickly: get certified death certificates, contact banks and card issuers, freeze or close accounts, collect documents showing your legal authority (will, trust, or court appointment of a personal representative), open probate or a small‑estate claim if needed, and report misuse to law enforcement and credit bureaus. This article explains the steps under South Carolina law and points you to state resources.

Disclaimer: I am not a lawyer. This is general information, not legal advice. For help specific to your situation, consult a South Carolina attorney or your local probate court.

Detailed answer — step‑by‑step guide under South Carolina law

1. Confirm the death and gather certified death certificates

Obtain several certified copies of your parent’s death certificate from South Carolina Vital Records (DHEC). Banks and credit card companies require a certified death certificate to act. You can request copies through the South Carolina Department of Health and Environmental Control: https://scdhec.gov/vital-records.

2. Determine account ownership and legal authority

Look at account documents and recent statements to see whether accounts were:

• Solely in the deceased’s name (most common)
• Joint with rights of survivorship (often becomes the surviving joint owner automatically)
• Payable‑on‑death (POD) or transfer‑on‑death (TOD) with named beneficiary
• Held in a trust

If the accounts were solely in your parent’s name, a person who continued using them after death may be acting without authority. A power of attorney ends at death and does not permit continued access.

3. Immediately notify the bank and card issuers and request a freeze

Contact every financial institution and card issuer listed on statements. Provide the certified death certificate and state that the account holder is deceased and that you did not authorize ongoing use. Ask the institution to:

• Freeze or block further transactions
• Provide a transaction history and copies of recent statements
• Identify whether the account is joint, POD, or part of a trust

Keep written records of each call (date, time, name of representative, and reference number).

4. Preserve evidence and stop further misuse

Do not remove money or destroy records. If someone else is using the accounts, collect and save all statements, transaction receipts, bank correspondence, and any communications that show unauthorized use. Request a formal written accounting from the bank showing debits after the date of death.

5. Report suspected theft, fraud, or identity misuse to law enforcement

If someone is spending or withdrawing money after your parent’s death without legal authority, file a police report with local law enforcement. In South Carolina, unlawful taking, embezzlement, and fraud are criminal matters; law enforcement can investigate and coordinate with prosecutors. You can also contact the South Carolina Attorney General’s consumer protection resources: https://www.scag.gov/consumer-protection/.

6. Protect credit and identity

Place fraud alerts with the three major credit reporting agencies and file an identity theft report with the Federal Trade Commission (IdentityTheft.gov) to help stop new accounts from being opened in your parent’s name:

• Equifax: https://www.equifax.com
• Experian: https://www.experian.com
• TransUnion: https://www.transunion.com
• FTC identity theft portal: https://www.identitytheft.gov/

7. Start the probate or small‑estate process in South Carolina if necessary

If the accounts were solely in your parent’s name and there is no POD/joint owner/trust beneficiary, you generally need the court to appoint a personal representative (executor) to manage and distribute assets. South Carolina’s probate law is governed by the South Carolina Probate Code (Title 62). See Title 62 for probate procedures: https://www.scstatehouse.gov/code/t62.php.

Key points:

• To gain legal authority to access bank accounts, a personal representative must be appointed by the probate court for the county where the decedent lived.
• If the estate qualifies as a “small estate,” South Carolina may allow abbreviated procedures for collecting personal property without full administration; check the probate court rules or a probate clerk for specifics.

Locate the probate court or clerk at the South Carolina Judicial Branch website for county contacts and forms: https://www.sccourts.org/circuitCourt/Probate.cfm.

8. Ask the bank to require probate documents before releasing funds

Once you file for appointment as personal representative and obtain Letters Testamentary or Letters of Administration from the probate court, present those documents to banks and card issuers. Those letters show the court granted you authority to act on behalf of the estate.

9. Consider seeking a temporary court order in urgent cases

If someone is quickly draining assets, ask the probate court for an emergency or temporary order to stop the person’s access and preserve estate assets. The probate judge can issue protective orders or require the bank to freeze funds pending formal administration.

10. Consider civil claims to recover funds

If the person used funds unlawfully, the personal representative of the estate may sue to recover money for the estate. The estate’s attorney can advise on civil claims such as conversion, breach of fiduciary duty, or unjust enrichment.

Key South Carolina legal references and resources

• South Carolina Probate Code (Title 62) — general probate law and appointment of personal representatives: https://www.scstatehouse.gov/code/t62.php
• South Carolina Judicial Branch — probate court contacts and procedures: https://www.sccourts.org/circuitCourt/Probate.cfm
• South Carolina Department of Health and Environmental Control — obtaining death certificates: https://scdhec.gov/vital-records
• South Carolina Attorney General — consumer protection and reporting: https://www.scag.gov/consumer-protection/
• IdentityTheft.gov — federal identity theft reporting and recovery plan: https://www.identitytheft.gov/

What documents and information you should gather now

• Multiple certified copies of the death certificate
• Account numbers and most recent statements for all bank and credit card accounts
• Any existing will, trust documents, or beneficiary designations
• Copies of any power of attorney (note: it ends at death)
• Photo ID for you and anyone claiming authority
• Records of communications showing unauthorized access (emails, texts, bank notices)

Sample initial message to a bank or credit card issuer

(Use certified death certificate as attachment)

“I am contacting you to report the death of [Name], who held account number [XXXX]. Attached is a certified copy of the death certificate. I am requesting that you freeze the account immediately and provide a copy of all transactions and account statements since [date of death]. Please direct all future communications to me at [contact info].”

Helpful Hints

• Act fast — unauthorized withdrawals can deplete estate funds quickly.
• Get multiple certified death certificates (banks often require originals or certified copies).
• Power of attorney ends at death; do not assume an agent can continue to access accounts.
• Joint accounts with survivorship rights usually pass to the surviving joint owner without probate — but confirm the bank’s position in writing.
• Keep a clear paper trail of all communications and records — you will need them for the probate court, banks, and possible criminal or civil actions.
• If someone resists returning funds, the probate court can issue orders and prescriptions for recovery; consider hiring an attorney if disputes or fraud are significant.
• Use the FTC and credit bureaus to prevent identity fraud and new accounts being opened in the decedent’s name.
• Contact your county probate clerk early to learn local rules and any forms for small estates or emergency petitions.

If you suspect criminal theft or identity fraud, file a police report and talk to the prosecutor’s office. If the situation involves complicated family disputes or large sums, consult a South Carolina probate or elder‑law attorney to protect the estate and pursue recovery.