Overview

If someone else is using your deceased parent’s bank or credit card accounts, you can take legal and practical steps to stop the misuse and regain control. This article explains how the probate system in South Dakota typically handles account control, what immediate actions to take, and when to consider filing paperwork or contacting law enforcement.

Disclaimer

This article is for educational purposes only and is not legal advice. I am not a lawyer. For advice tailored to your situation, consult a licensed South Dakota attorney.

Quick summary of steps

1. Get a certified copy of the death certificate.
2. Contact the bank and credit card companies to report the death and ask them to freeze or close accounts.
3. Preserve evidence (statements, copies of transactions, communications).
4. File for appointment as personal representative (or identify the already appointed personal representative) or use the small‑estate process if eligible.
5. If someone is using accounts without authority, consider reporting criminally (theft/fraud) and pursue civil remedies through probate or court.

Detailed answer — How control of accounts is handled under South Dakota law

When a person dies, banks and credit card companies will generally require proof of death (a certified death certificate) and proof of legal authority to access the decedent’s assets. In South Dakota the process to obtain legal authority to collect and manage a deceased person’s assets is handled through probate under the South Dakota probate laws (commonly called the South Dakota Probate Code).

Key legal pathways:

• Appointment of a personal representative (executor or administrator): If a will exists, it usually names an executor. If not, the court can appoint an administrator. Once appointed, the court issues letters testamentary or letters of administration which the bank accepts as proof of authority to access and control the decedent’s accounts. For general information about South Dakota probate law, see the South Dakota Legislature site for probate statutes: https://sdlegislature.gov/Statutes (search Title 29A).
• Small‑estate procedures: South Dakota allows simplified procedures for small estates in certain circumstances. If the estate value is under the statutory threshold, you may collect assets using a small‑estate affidavit or similar short form rather than full probate. Check available forms and instructions from the South Dakota Unified Judicial System: https://ujs.sd.gov/Forms/Probate. If the small‑estate path applies, present that affidavit and death certificate to the bank to obtain funds.
• Joint accounts and payable‑on‑death (POD) designations: If the decedent held a joint account with right of survivorship or named a POD beneficiary, banks typically transfer control immediately to the surviving joint owner or beneficiary. Those transfers are governed primarily by the bank’s account agreements and common law principles, not probate. You should review account titles and beneficiary designations and provide the bank the death certificate.

What to do if someone else is using the accounts

If a third party (including a family member) is accessing or withdrawing funds that belong to the decedent after death and does not have legal authority, take these actions promptly:

1. Secure documentation: Get certified copies of the death certificate (usually from the county registrar or funeral home). Obtain account statements and transaction histories showing the disputed activity.
2. Notify the banks and card companies in writing and by phone: Report the account owner’s death and explain that you do not authorize further withdrawals. Ask the institutions to freeze the accounts pending appointment of a personal representative or investigation. Most financial institutions will comply if you supply a certified death certificate and indicate suspected unauthorized activity.
3. Determine whether someone has legal authority: Ask the individual using the accounts whether they are the named beneficiary, joint account holder, or appointed personal representative. If they are none of those, their access is likely unauthorized.
4. File for probate or use the small‑estate process: If no one has valid authority, file a petition in the county probate court to be appointed personal representative (or to remove and replace someone misusing assets). Once appointed, you get court-issued letters that banks accept. Probate forms and local court clerks can guide you through the process: https://ujs.sd.gov/Forms/Probate.
5. Consider criminal and civil remedies: Unauthorized withdrawals after death can be criminal (theft, fraud) and civil (conversion). You can file a police report and pursue a civil claim in probate or civil court for recovery. The South Dakota criminal code covers theft and related offenses; contact local law enforcement or the Attorney General for guidance: https://atg.sd.gov/.

What banks and credit card companies will typically require

• Certified copy of the death certificate.
• Identification for the person claiming authority.
• Letters testamentary or letters of administration from the probate court (if the estate is being administered).
• Small‑estate affidavit or other statutory form if the estate qualifies for a simplified collection process.

How credit card accounts are handled

Credit card accounts in the decedent’s name are not automatically available to others after death. Credit card companies typically close the account upon learning of the death and evaluate outstanding balances as debts of the deceased’s estate. If an unauthorized person is charging on a card after death, report it to the card issuer immediately. The issuer can investigate, reverse fraudulent charges, and coordinate with the estate’s representative.

When to involve law enforcement or file a civil claim

• If you have clear evidence of unauthorized withdrawals or charges, file a police report — particularly if the person using the funds is not an account owner, beneficiary, or the appointed personal representative.
• If the bank refuses to freeze funds or return them despite clear records of unauthorized use, consider filing a petition in probate court to remove the person and recover the assets.
• Preserve all emails, texts, receipts, and statements as evidence.

Practical timeline and expectations

Expect banks to take a few business days to investigate and act after you supply the certified death certificate and identification. Appointment of a personal representative via probate can take anywhere from a few weeks to several months depending on local court schedules and whether the estate is contested. Small‑estate processes are often faster but only apply when the estate meets statutory limits.

When to hire an attorney

Consider consulting a probate or estate litigation attorney if:

• Someone is actively spending estate funds and refuses to stop.
• Family members dispute who controls the accounts.
• There are complex assets, business accounts, or potentially large creditor claims.
• You need help filing a petition for appointment or removing an unauthorized holder.

Helpful links (South Dakota resources)

• South Dakota Legislature — Statutes search (see probate/Title 29A): https://sdlegislature.gov/Statutes
• South Dakota Unified Judicial System — Probate forms and guidance: https://ujs.sd.gov/Forms/Probate
• Office of the South Dakota Attorney General — consumer protection and reporting fraud: https://atg.sd.gov/

Helpful Hints

• Obtain multiple certified death certificates right away — banks, insurers, and government agencies will each want originals.
• Act quickly. The earlier you notify banks and card issuers, the easier it is to stop further misuse and preserve evidence.
• Ask the financial institution for a written confirmation if they freeze or close the account — get the name and contact info of the person you spoke with.
• Keep a detailed log of phone calls, including dates, times, and names of people you spoke with.
• If someone claims to be an authorized user, ask to see documentation (joint account paperwork, beneficiary designation, or letters of administration).
• Do not try to seize or transfer assets on your own if you lack legal authority — that can create legal exposure.
• If the matter involves potential criminal conduct, file a police report and follow up with the probate court petitioning for recovery of the estate’s property.

Final thoughts

Regaining control of a deceased parent’s bank and credit card accounts in South Dakota usually involves documenting the death, notifying institutions, and obtaining legal authority through probate or a small‑estate process. If someone else is using accounts without authority, preserve evidence, notify the institutions, consider criminal reporting, and file for appointment as personal representative if needed. When in doubt, consult a South Dakota attorney experienced in probate and estate litigation to protect the estate and your rights.