How to regain control of a deceased parent’s bank and credit card accounts in Wyoming

Disclaimer: I am not a lawyer. This article is informational only and is not legal advice. For help specific to your situation, consult a Wyoming probate or consumer protection attorney.

Detailed answer — immediate steps and the legal path in Wyoming

When a parent dies, their financial accounts typically become part of the decedent’s estate. If someone else is continuing to use those bank or credit card accounts after the death, you have two parallel paths to solve the problem: immediate protective steps (to limit further loss) and a legal estate-procedure (to obtain formal control of the accounts).

1. Act immediately to stop ongoing misuse

1. Get certified copies of the death certificate. Banks and companies require an official death certificate to freeze or close accounts. Obtain several certified copies from the county health department or vital records office.
2. Contact the bank(s) and credit card companies right away. Tell them the account holder is deceased and ask them to freeze outgoing transactions. Provide a death certificate. Ask whether the bank has been notified of continued account use and what evidence they need to stop access.
3. Ask the bank for transaction records and a freeze or hold. Request recent statements and immediate holds on debit cards, online access, and check-writing. Banks often place a temporary hold pending appointment of a personal representative.
4. Report identity theft or fraud if you suspect unauthorized use. If someone is using accounts without authority, file a police report with local law enforcement and get a copy. Also report identity theft at IdentityTheft.gov and keep records of reports.

2. Determine whether probate or a simplified procedure applies

To control estate assets legally, Wyoming law generally requires appointment of a personal representative (executor/administrator) by the probate court. The personal representative receives court-issued letters (letters testamentary or letters of administration) that financial institutions accept as authority to access estate accounts.

Wyoming also provides simplified procedures for small estates and for transferring certain assets without full probate in some cases. If the estate is small, you may be able to use an affidavit or a summary proceeding instead of full probate. Check with the county probate court or an attorney to see if your situation qualifies.

For general guidance and forms from the Wyoming courts, see the Wyoming Judicial Branch probate information: https://www.courts.state.wy.us/. For legislative text and statute references, see the Wyoming Legislature website: https://www.wyoleg.gov/.

3. Open the probate case and get authority from the court

1. Locate a will (if any). If your parent left a will, it usually names the personal representative. File the will and a petition for probate in the county where your parent lived.
2. If there is no will, file for appointment as administrator. Wyoming intestacy rules determine who may be appointed if there is no will. The court issues letters of administration.
3. Ask the court for temporary or emergency authority if someone is dissipating assets. Probate courts can issue emergency orders or temporary letters to stop wasteful transfers or continued misuse of accounts while the formal probate case proceeds.
4. Present the court-issued letters to banks and credit card companies. Once you have letters testamentary or administration, provide certified copies to each institution. Banks generally will then allow the personal representative to access accounts to pay bills, collect funds, and manage estate affairs.

4. Consumer and criminal remedies if someone else is using the accounts

If the person using accounts is not the authorized personal representative and they continue to withdraw or spend funds, you can:

• Ask the bank to reverse unauthorized transactions. Provide the death certificate, police report, and, when available, court letters.
• File a police report and pursue criminal charges. Unauthorized use of a deceased person’s accounts may be theft, fraud, forgery, or identity theft under Wyoming law. Law enforcement can investigate and, sometimes, recover funds.
• Pursue civil claims. The estate (through its personal representative) can sue for conversion, unjust enrichment, or breach of fiduciary duty to recover assets taken without authority.

5. Work with creditors and credit bureaus

Notify credit card companies of the death, provide the death certificate, and ask them to close the account or change the account status to deceased. If accounts were used fraudulently, request that the card issuer remove or reverse unauthorized charges and provide any required affidavits.

Place a fraud alert or credit freeze with the major credit bureaus and provide copies of the death certificate and police report if identity theft occurred.

Practical documents and evidence you will need

• Certified death certificate(s)
• Original will, if any
• Photo ID for the person seeking authority
• Account numbers, recent statements, and list of suspicious transactions
• Police report (if you suspect criminal conduct)
• Any correspondence from the person using the accounts

How long the process typically takes

Immediate freezes can happen within days after you notify banks and show a death certificate. Probate appointment of a personal representative can take weeks to months depending on court schedules, whether there is a will, and whether parties contest the probate. Emergency or temporary court orders can sometimes be obtained faster if you can show imminent risk of asset dissipation.

When to consult an attorney

Talk with a Wyoming probate or consumer protection attorney if:

• Someone is taking substantial assets or continuing active account use after death.
• Family members dispute who should be personal representative.
• There are signs of identity theft, forgery, or complicated creditor issues.
• You need to pursue criminal or civil recovery of funds.

An attorney can file emergency motions, represent the estate in court, and negotiate with banks and card companies.

Helpful Hints

• Keep careful records: document all calls, include dates, names, and what the bank or company told you.
• Gather multiple certified copies of the death certificate immediately — banks and creditors often require originals.
• Ask the bank for a temporary freeze or hold on disbursements while you start probate.
• Do not confront the person using the accounts without law enforcement present if you think they might act aggressively or destroy evidence.
• File a police report and an IdentityTheft.gov report if you suspect identity theft — these help when disputing charges and working with credit bureaus.
• Search the decedent’s paperwork for account lists, online credentials, and safe-deposit boxes.
• If the estate is small, check whether a simplified or summary probate procedure is available in your county — it can save time and expense.
• Keep estate funds separate: once you have authority, open an estate account to keep personal and estate transactions separate.

For official Wyoming court forms and probate information, start with the Wyoming Judicial Branch: https://www.courts.state.wy.us/. For Wyoming statutes and law references, see the Wyoming Legislature site: https://www.wyoleg.gov/.

Remember: the estate’s personal representative has the legal duty to collect assets, protect estate property, pay valid debts, and distribute the remainder to heirs. Acting promptly and following the legal process will help stop unauthorized use and preserve assets for the estate.