Detailed Answer
Short answer: In Washington, money in an account titled solely in a deceased parent’s name generally becomes estate property upon death. Until a court appoints a personal representative (administrator/executor) or another legal mechanism applies, only certain authorized people or court orders may legally use those funds. If a sibling withdraws or uses those funds without authority, you may have several options: ask the bank to freeze the account, seek appointment of a personal representative, use the small‑estate affidavit procedure if eligible, or ask the court for emergency relief. This page explains the typical legal landscape, immediate steps, and common remedies under Washington law.
Why this matters under Washington law
When someone dies, assets owned in their sole name usually become part of the decedent’s estate. The probate code gives a court-appointed personal representative the authority to collect estate assets, pay valid debts, and distribute remaining property under court supervision. See the Washington probate statutes at RCW Title 11 (Probate) and the definition/role of a personal representative at RCW 11.28.010. If someone improperly uses estate funds, that conduct can give rise to civil claims (for an accounting, conversion, or money had and received) and possibly criminal charges (depending on the facts) under Washington’s theft statutes (RCW Chapter 9A.56).
Key questions to check first
- How is the bank account titled? (Sole name, joint with right of survivorship, or payable‑on‑death/payable‑on‑death beneficiary?)
- Is there a trust? If the account belongs to a living trust, the trustee controls it, not the probate court.
- Was there a valid durable power of attorney (POA) in effect that might allow someone to act before death? (A POA normally ends at death.)
- Has anyone already filed for probate or to be appointed personal representative?
- Are mortgage payments necessary immediately to avoid foreclosure?
Common scenarios and legal implications
Joint account or survivorship designation: If the account was joint with your sibling and contained rights of survivorship, the co‑owner may have legal access on death. If the account names a beneficiary (POD), the beneficiary may be entitled to the funds outside probate.
Solely in the decedent’s name: Funds generally are estate property. A sibling who withdraws or uses those funds without a court order or appointment as personal representative risks civil liability and, in some cases, criminal exposure.
Trust ownership: If the funds belong to a trust, the trustee’s authority controls. The account may not be part of probate at all.
Immediate steps you can take
- Confirm account title and collect documents: bank statements, check image showing who endorsed withdrawals, mortgage statements, death certificate, any trust documents, and any POA document.
- Contact the bank: Ask whether the bank has frozen the account and what documentation it requires to permit withdrawals. Many banks will not release funds except to a personal representative, joint owner, or named beneficiary.
- If payments are urgent (e.g., imminent foreclosure), document the risk and ask the court for expedited relief (see below).
- Consider sending a written demand to the sibling asking for an accounting and immediate cessation of withdrawals from the account that belongs to the estate.
How to get the court involved
1) Petition to appoint a personal representative. Any interested person (usually an heir) can file a petition in the county Superior Court where the decedent lived to open probate and appoint a personal representative. Once appointed, the personal representative has authority to control estate funds and can seek return of improper withdrawals. See RCW 11.28.010 and the general probate rules in RCW Title 11.
2) Small‑estate affidavit (no formal administration). If the estate qualifies under Washington’s small‑estate rules, certain personal property may pass to heirs without full administration. See RCW Chapter 11.62 (Affidavit by Heirs for Distribution of Personal Property). This may allow an heir to collect funds without appointing a personal representative, but the rules and limits are strict.
3) Emergency relief. If your sibling’s withdrawals threaten an estate asset (for example, mortgage default and foreclosure), you may ask the court for temporary relief — such as a temporary restraining order or an order appointing a temporary personal representative — to prevent further dissipation of estate assets while the court decides the matter.
Civil and criminal remedies
Civil claims: The appointed personal representative (or an heir in some cases) can seek an accounting, recover improperly used funds (conversion), and obtain damages. The court can order restitution and require the person who withdrew funds to return them plus interest or other remedies.
Criminal complaints: If the facts suggest intentional wrongful taking, a law enforcement agency may investigate theft. Whether to pursue criminal charges depends on the evidence and prosecutor’s evaluation.
Practical considerations about mortgage payments
If the sibling is using estate funds to make mortgage payments on property that is part of the estate, a court will weigh whether the payments preserve estate value (which can be a lawful estate expense) versus whether the sibling is self‑dealing or otherwise benefiting improperly. Courts commonly authorize necessary payments (insurance, taxes, mortgage) when made by a duly appointed personal representative; before appointment, you should seek a court order rather than rely on unilateral action.
When to hire an attorney
Consider getting a probate attorney if: the account is substantial, mortgage or foreclosure is imminent, a sibling refuses to provide an accounting, or you need to file for appointment quickly. An attorney can file the probate petition, request emergency orders, and pursue civil remedies. If you cannot retain counsel immediately, the Superior Court clerk can explain local filing procedures.
Statutes and official resources
- Washington probate code: RCW Title 11.
- Personal representative authority and definitions: RCW 11.28.010.
- Small‑estate affidavit procedure: RCW Chapter 11.62.
- Washington criminal theft statutes (may be relevant for intentional wrongful taking): RCW Chapter 9A.56.
Disclaimer: This information is for general educational purposes only and is not legal advice. It does not form an attorney‑client relationship. For advice about your specific situation, consult a licensed attorney in Washington.
Helpful Hints
- Act quickly if withdrawals continue — evidence and account records matter.
- Gather paperwork before contacting the court: death certificate, account titles, mortgage statements, trust or POA documents.
- Ask the bank in writing what it requires to release funds — banks often freeze accounts and ask for probate paperwork.
- Check whether the account is joint, POD, or owned by a trust — that determines who has legal access.
- If foreclosure is imminent, request expedited court relief and document the timing risk in your filings.
- Consider mediation or a written agreement with the sibling if the parties can agree on how to preserve estate assets while probate proceeds.
- Keep copies of all communications. If you file a petition, attach evidence showing improper withdrawals or risk to estate assets.