Short answer: In Tennessee, a deceased person’s bank account generally becomes part of their estate and may not be used by a sibling (or any other person) for ongoing obligations unless that person has clear legal authority — for example, they are a named surviving joint owner, a beneficiary on a payable-on-death (POD) account, or they are the court-appointed personal representative (administrator/executor). If your sibling is withdrawing funds before a personal representative is appointed, you may be able to stop those withdrawals or seek a court remedy, depending on the account title and the facts.
How Tennessee law treats a deceased person’s bank account
When someone dies, most bank accounts that are solely in the decedent’s name become part of the probate estate. The estate is usually administered by a personal representative appointed by the probate court. Until a personal representative is appointed, banks often restrict access to the account when provided a death certificate. If the account is titled as:
- Joint account with right of survivorship: The surviving joint owner generally gains ownership immediately on the decedent’s death and can lawfully use the funds.
- Payable-on-death (POD) or transfer-on-death (TOD) designation: The named beneficiary receives the funds outside probate and may access them after providing a death certificate and proof of beneficiary status.
- Sole-name account: Funds belong to the estate and should be controlled by the estate’s personal representative once appointed.
Relevant Tennessee resources and statutes
Probate and administration matters in Tennessee are governed by the Tennessee Code (Title 30). For an overview of probate law in Tennessee, see the Tennessee Code and the Tennessee Courts website:
- Tennessee Code – Title 30 (Probate and Related Provisions)
- Tennessee Courts — official site (probate court information)
When might a sibling be allowed to use the account to pay the mortgage?
There are a few situations in which a sibling’s use of the account could be lawful:
- They are a surviving joint owner on the account or the account is POD/TOD in their name.
- They have been lawfully appointed as the decedent’s personal representative (administrator/executor) by the probate court and are using estate funds for expenses of administration, including mortgage payments to preserve estate property.
- They have express written authorization from the personal representative or a court order allowing them to use estate funds for specific purposes.
What you can do before an administrator is appointed
If no one has been appointed, but your sibling is withdrawing money, consider these steps:
- Confirm account ownership. Ask the bank for account title information and whether the account is joint, POD, or solely in the decedent’s name. Banks will usually respond to next-of-kin inquiries but may require a death certificate and proper identification.
- Ask the bank to freeze or restrict withdrawals. Provide the death certificate and ask the bank to place a hold pending probate. Many banks will not permit further withdrawals until a personal representative is appointed, unless the co-owner or beneficiary has clear rights.
- File a petition for appointment of a personal representative. If you want to control or protect estate assets, you can petition the probate court in the county where the decedent lived to be appointed as administrator or to have an administrator appointed. Once the court issues letters of administration, that person has authority to manage estate assets.
- Ask the probate court for emergency relief. If your sibling is dissipating funds or jeopardizing the estate (for example, by making large withdrawals or failing to insure/maintain property), the court may grant temporary measures — such as expedited appointment or temporary authority — to protect estate assets. This typically requires filing a motion with the probate court.
- Preserve evidence. Collect copies of bank statements, mortgage bills, communications from the sibling, and any relevant account documentation (account title, beneficiary designations). This supports any petition or claim you may bring.
- Consider civil claims if appropriate. If a person without authority has taken estate funds, possible claims include conversion, unjust enrichment, or seeking a constructive trust. These are civil actions and often coordinate with probate actions.
Practical points about mortgage payments
Paying the mortgage can sometimes be seen as preserving estate property (preventing foreclosure). Courts often allow a personal representative to use estate funds for necessary maintenance and debts of the estate. But if an unauthorized person pays the mortgage from estate funds and later claims reimbursement or credits, disputes can arise. If the sibling’s actions benefit the estate (for example, preventing foreclosure), the probate court will consider that when allocating responsibility and possible reimbursement, but unauthorized withdrawals remain problematic.
What you should gather before contacting a probate court or attorney
- Death certificate
- Bank account statements and any documents showing account title or beneficiary designations
- Mortgage statements and payment history
- Any communications with the sibling or bank about the account
- Names and contact information for potential heirs and known creditors
When to talk to an attorney
If the sibling refuses to stop withdrawals, has removed large sums, or is taking actions that could irreparably harm estate assets (foreclosure, unauthorized sale), consult a Tennessee probate attorney promptly. An attorney can file emergency motions, request expedited appointment of a personal representative, and advise on civil claims in coordination with probate procedures.
Helpful Hints
- Do not assume good faith — gather documentation and act quickly to protect estate assets.
- Check the exact account title: joint accounts and POD accounts pass outside probate.
- Contact the bank early; many banks will limit access when provided a death certificate.
- Filing for appointment as personal representative is often the most direct way to gain legal authority to manage the estate.
- If the sibling’s payments prevent foreclosure, the court may permit or later compensate the person who preserved the property, but withdrawal from a sole-name account without authority is legally risky.
- Keep communications written or summarized in writing; they are useful to the court.
- Probate rules and procedures vary by county — check with the local probate court or a local attorney for details.
Disclaimer: This article is for general information only and does not constitute legal advice. It explains basic Tennessee probate concepts and possible steps you can take. For advice about your specific situation, consult a licensed Tennessee attorney who handles probate and estate matters.