Detailed answer — practical and legal steps to regain control

When someone continues to use a deceased parent’s bank or credit card accounts, act quickly. The core tasks are: (1) preserve evidence, (2) notify institutions and request freezes, (3) determine who has legal authority to act, and (4) use Virginia’s probate process or criminal reporting if necessary. Below are step-by-step actions and the legal basis in Virginia.

1. Preserve proof of death and collect documents

• Order multiple certified copies of the death certificate from the Virginia Department of Health (Vital Records). Many banks and agencies require certified copies—not photocopies. (See Virginia Dept. of Health: https://www.vdh.virginia.gov/vital-records/)
• Gather the decedent’s papers: will (if any), account statements, checkbooks, credit card bills, online account information, and any communications showing unauthorized transactions.

2. Contact the bank(s) and credit card companies immediately

• Report the account owner’s death. Ask the institution to freeze or block further outgoing transfers or charges pending verification.
• Ask the institution what documentation they require to release or close accounts (typically a certified death certificate and letters testamentary or letters of administration).
• For fraudulent charges, ask the card issuer to investigate and to reverse unauthorized transactions. Keep written records of every call (date, time, name of representative).

3. Determine who has legal authority to control the assets

Under Virginia law, only a person with legal authority—usually the personal representative (executor or administrator)—can lawfully manage the decedent’s assets. That authority comes through the probate process or by using legally authorized collection procedures.

Virginia’s probate and fiduciary rules are in Title 64.2 of the Code of Virginia. For an overview, see: https://law.lis.virginia.gov/vacode/title64.2/

4. If you are the likely heir, petition the Circuit Court to be appointed personal representative

• If the decedent left a will, the named executor should present the will to the circuit court and request appointment (letters testamentary).
• If no valid will exists, an interested heir can ask the court to be appointed administrator (letters of administration).
• Once appointed, the personal representative presents court-issued letters to banks and companies. Those letters typically authorize the institution to release funds, close accounts, and transfer assets to the estate.
• Virginia circuit court probate resources and local procedures: https://www.vacourts.gov/courts/circuit/resources/probate.html

5. Small estate procedures (sometimes faster)

Virginia law provides streamlined procedures that let heirs collect certain assets without full probate in limited cases. If the estate qualifies, a small estate collection method (or similar affidavit process) may let an heir obtain funds from a bank or other holder more quickly. Check the statutes and local court rules in Title 64.2 for eligibility and form requirements: https://law.lis.virginia.gov/vacode/title64.2/

6. If someone is misusing funds, consider criminal and civil remedies

• Unauthorized use of a deceased person’s accounts may be theft, embezzlement, or fraud. Preserve evidence (statements, transaction receipts, communications).
• File a police report with local law enforcement if you suspect criminal conduct. Provide copies of statements and the death certificate.
• Contact the Commonwealth’s Attorney if law enforcement indicates prosecutorial review is appropriate.
• Separately, you can ask the probate court to order the return of assets to the estate or to impose sanctions on someone who improperly handled estate property.

7. Protect credit and identity

• Report the death to the major credit bureaus and request a fraud alert or credit freeze for the decedent’s accounts if identity theft is a concern. The federal IdentityTheft.gov site has step-by-step guidance: https://www.identitytheft.gov
• Notify government benefit agencies (Social Security, VA benefits, etc.) to stop payment misuses.

8. When to consult a lawyer

If someone resists returning funds, if assets are large or complex, or if criminal conduct may be involved, consult a probate or litigation attorney. An attorney can file petitions with the circuit court, pursue civil recovery, and coordinate with law enforcement.

Key legal sources in Virginia

• Code of Virginia, Title 64.2 (Wills, Trusts, and Fiduciaries): https://law.lis.virginia.gov/vacode/title64.2/
• Virginia Judicial System probate resources: https://www.vacourts.gov/courts/circuit/resources/probate.html
• Virginia Department of Health — Vital Records (death certificates): https://www.vdh.virginia.gov/vital-records/

Helpful Hints

• Order at least 10 certified death certificates. Banks, creditors, and government agencies will often each require one.
• Document every phone call and interaction. Record dates, times, names, and notes of what was said.
• If someone is living in the decedent’s home and using accounts, secure the financial records and devices (computer, tablet) as soon as you can).
• Ask banks for transaction histories and immediate freezes. Banks can often reverse fraudulent credit-card charges if you report them promptly.
• Do not confront an alleged wrongdoer alone if you suspect violent behavior. Use law enforcement and legal channels.
• Use the probate court’s expedited or small estate options if you qualify — the process may be faster and less costly than full probate.
• Keep originals of the will and financial documents safe; provide certified copies only when requested by institutions or court staff.
• If multiple family members claim authority, file a court petition promptly to obtain formal direction from the judge and avoid competing actions by third parties.