Detailed Answer

1) Get the essential documents

Obtain several certified copies of your parent’s death certificate from the Texas Department of State Health Services. Banks, credit card companies, and courts will generally require a certified copy to take action. You can learn how to order certificates here: Texas DSHS — Death Certificate Information.

2) Immediately notify banks and credit card companies

Call each bank and card issuer right away, provide the death certificate, and ask them to freeze or close accounts to stop further transactions. Ask the institution to put a hold, block debit cards, and flag suspicious activity. Federal and state-chartered banks follow procedures for deceased account holders; see FDIC guidance for dealing with a deceased depositor: FDIC — What To Do When a Loved One Dies.

3) Figure out who legally controls each account

Different account types change hands differently:

• Payable-on-death (POD) or Transfer-on-death (TOD) accounts: Funds go directly to the named beneficiary and typically avoid probate.
• Joint accounts with right of survivorship: A surviving joint owner usually keeps ownership automatically.
• Individual accounts with no beneficiary or joint owner: Those accounts belong to the decedent’s estate and generally require probate to access.
• Power of attorney (POA): A POA ends when the principal dies. If someone is using a POA after death, that use is unlawful.

If you do not see a POD/TOD or joint owner and no valid will provides transfer directions, a probate case (administration) is the usual way to get legal authority to manage or access accounts.

4) If someone else is using the accounts after death

Do these steps right away:

1. Tell the bank or card company you believe the person is using the account unlawfully and ask them to freeze transactions and issue new cards or account numbers.
2. Gather evidence — transaction records, statements, emails, texts, and any correspondence showing unauthorized use.
3. Ask the institution to preserve records. Banks often have a process for preserving records for legal disputes or law enforcement requests.

5) Criminal options — when to contact law enforcement

If someone withdrew or spent money without authority or used cards that belonged to the deceased, those acts may be criminal. In Texas, unlawful appropriation of property can be charged as theft (Texas Penal Code §31.03), and improper use of a credit or debit card is a separate offense (Texas Penal Code §32.31). Provide banks’ transaction records and the death certificate when you file a police report.

6) Civil options — probate and recovery

If the bank or card company will not return funds or refuses to freeze accounts because a formal legal authority does not yet exist, you can seek recovery through probate. The probate court can appoint an executor (if there is a will) or an administrator (if not). The court-issued letters (letters testamentary or letters of administration) give the appointed person legal authority to collect assets and pursue claims against third parties who improperly used estate property.

Texas provides several probate paths, including simplified procedures for small estates in some circumstances and regular administration for larger estates. For an overview of the Texas probate process and local district clerk contact information, see the Texas Judicial Branch probate resources: Texas Courts — Probate Information.

7) Time and practical considerations

Act fast. The longer the delay, the harder it may be to recover missing funds or reverse card charges. Preserve records and document every communication with banks, card companies, and any person using the accounts. In many cases, banks will reverse unauthorized charges if you can prove the account holder was deceased and the activity lacked authority.

8) When to hire an attorney

Consider hiring a probate or civil attorney when:

• Someone refuses to stop using the accounts after notice and the bank will not freeze them;
• Significant funds are missing or misappropriated;
• You need to open a probate estate and want someone to represent the estate in court;
• You need to file a civil suit for conversion or breach of fiduciary duty, or to pursue restitution alongside criminal charges.

An attorney can file for temporary court orders (such as injunctions) to stop ongoing misuse and can seek recovery of funds through the probate court.

Helpful Hints

• Order multiple certified death certificates — banks, social security, and other institutions will each want originals.
• Immediately change online account passwords you can access (email, bank login), and ask the bank to issue new account numbers and cards.
• If you suspect theft, make a police report and provide the banks’ transaction records and the death certificate.
• Document every phone call: note date, time, name of representative, and a short summary of what was said.
• Ask banks to place a fraud alert or special instructions on the account while you obtain probate authority.
• If the estate is small, ask a probate clerk whether affidavit procedures or small estate alternatives apply in your county — this can be faster and less expensive than formal administration.
• Keep separate records for estate expenses and reimbursements. Proper accounting helps in probate and if you must seek restitution.