Detailed Answer
Short overview: If someone is using a deceased parent’s bank or credit card accounts after their death, act quickly. In Washington you typically need an official document (letters testamentary/administration from probate or a small-estate affidavit) or proof you are the successor trustee to get banks and card companies to release, freeze, or transfer funds. You can also report suspected theft or identity fraud to law enforcement and ask creditors to investigate unauthorized charges.
Key legal tools in Washington
- Probate / appointment of a personal representative (to manage and distribute accounts) — see Washington probate law: RCW Title 11 (Probate & Trusts).
- Small‑estate procedure for collecting personal property without full probate — see Washington small estate laws: RCW Chapter 11.62.
- Criminal statutes that can apply to wrongful use of funds (theft, fraud, identity theft) — see Washington criminal code: RCW Chapter 9A.56 (Property Crimes) and RCW Title 9A.
Step-by-step actions to regain control
- Act immediately: Unauthorized withdrawals or charges can deplete estate assets. Freeze or limit further activity where possible.
- Gather the essentials: Obtain multiple certified copies of the death certificate from the county health department or vital records. Locate the will and any trust documents, recent account statements, correspondence from banks/creditors, and any power of attorney documents (note: a power of attorney generally ends at death).
- Contact the bank and credit card companies: Tell them the account owner is deceased. Ask them to freeze or close debit/credit cards and to stop any further electronic transfers. Banks and card issuers will generally require a certified copy of the death certificate and proof of your authority (see next step).
- Establish legal authority over the accounts:
- If the decedent had a trust and you are the successor trustee: provide the bank a copy of the trust and trustee certification so the bank can transfer assets under the trust’s terms.
- If the decedent had a will: you (or the person named as executor) must open probate to get letters testamentary or letters of administration before many institutions will turn over assets.
- If full probate would be lengthy or unnecessary, check whether the estate qualifies for Washington’s small‑estate affidavit procedure (a shortcut to collect personal property without formal probate) — see RCW Chapter 11.62.
- If someone used a power of attorney after death or is otherwise withdrawing funds: Tell the bank the POA is no longer effective after death and provide a certified death certificate. If the bank has permitted misuse, ask for written records of transactions and request a temporary freeze pending investigation.
- Report suspected theft or identity fraud: File a police report describing unauthorized withdrawals, and keep the case number. A police report helps when disputing charges and if you pursue criminal or civil remedies. Criminal statutes regarding property crimes may apply — see RCW Chapter 9A.56.
- Dispute credit card charges and bank transactions: Submit written disputes to card issuers and banks. Credit card companies must investigate alleged fraudulent charges; banks will also investigate unauthorized debits. Keep copies of all correspondence.
- Protect other accounts and credit: Notify the three major credit bureaus, place fraud alerts or freezes on the decedent’s credit file if you suspect identity theft, and monitor any notices for new accounts.
- Consider emergency probate or temporary relief: If someone is rapidly depleting assets, speak with a probate/estate attorney about emergency court orders (temporary restraining orders or expedited appointment of a personal representative) to stop further dissipation.
- Pursue civil remedies if needed: If someone wrongfully took funds, the personal representative of the estate can sue for conversion or breach of fiduciary duty and may recover funds plus court costs. Law enforcement may pursue criminal charges as well.
Hypothetical example
Imagine your mother dies and her neighbor continues to use her debit card. You get certified death certificates, inform the bank, and the bank freezes the card. You find a small amount of cash and a checking account with a few thousand dollars. Because the estate is small and no probate is open, you prepare a small‑estate affidavit under RCW Chapter 11.62 to collect the funds. You also file a police report about the neighbor’s unauthorized use and give the bank the police report number. If the bank resists, you consult a probate attorney about filing for expedited appointment of a personal representative and suing the neighbor for conversion.
What banks commonly require
Banks commonly ask for:
- A certified copy of the decedent’s death certificate
- Proof of your authority (letters testamentary/administration, trustee certification, or valid small‑estate affidavit)
- Photo ID for the person requesting access
- A list of recent transactions and details of disputed withdrawals
If a bank refuses to cooperate after you present valid documents, ask for a written explanation and consider contacting a probate attorney or the Washington State Attorney General’s Consumer Protection Division for guidance: atg.wa.gov.
Helpful Hints
- Preserve evidence: save account statements, copies of checks, screenshots of online transactions, and all written notices.
- Get multiple certified death certificates early — banks and other institutions often require originals.
- Don’t rely on a power of attorney after death — it typically ends when the principal dies.
- Ask banks to put an immediate freeze on cards and electronic transfers while you obtain authority.
- If the estate is small, research Washington’s small‑estate affidavit (RCW Chapter 11.62) before opening full probate — it can be faster and less expensive.
- File a police report for unauthorized use; the report will help creditors and the court see the conduct was improper.
- Act quickly. Delays can allow others to withdraw or transfer funds, complicating recovery.
- Consider consulting a Washington probate/estate attorney if you face resistance, complex assets, or large unauthorized transfers.
- Use official sources for forms and guidance: Washington’s statutes at RCW Title 11 and the Attorney General’s office (atg.wa.gov).
Where to get help: Contact the county superior court clerk’s office to learn about probate filings in your county, and consider contacting the Washington State Bar Association’s lawyer referral service to find a probate attorney.
Disclaimer: This article explains Washington law in general terms and is for informational purposes only. It is not legal advice. Talk with a licensed Washington attorney about the specific facts of your situation before relying on this information.