What to do if an administrator closed a joint bank account without telling heirs (Michigan)
Disclaimer: This is educational information only and is not legal advice. For advice specific to your situation, consult a licensed Michigan attorney.
Short answer
If a personal representative (administrator) or someone acting on behalf of an estate closed a bank account that you believe belongs to the estate or to heirs, you should first confirm who legally owned the account. Then ask the administrator and the bank for documents, demand an accounting, and, if necessary, file objections or a petition in the probate court that is handling the estate (or ask the court to open probate if none exists). If the administrator acted improperly, you can ask the court to compel an accounting, surcharge the administrator, or remove the administrator and pursue other claims such as conversion or breach of fiduciary duty. See Michigan probate rules and the Estates and Protected Individuals Code for the court procedures that apply.
Detailed answer — step by step
1) Identify the account type and ownership
The legal rights to a bank account depend on how the account was titled:
- Joint account with right of survivorship: on the death of one named owner, the surviving joint owner usually becomes sole owner and the account typically is not part of the deceased person’s probate estate.
- Payable-on-death (POD) / Totten trust: funds pass directly to the named beneficiary outside probate.
- Sole account in decedent’s name: normally becomes estate property and must be handled by the personal representative through probate.
If you are not sure which category applies, get a copy of the bank’s account documents and recent statements showing the exact account title.
2) Gather documentation
Collect everything that helps show ownership and transactions:
- Account statements and signature card showing owners/beneficiaries.
- Death certificate and any letters of authority or letters testamentary the administrator provided to the bank.
- Correspondence from the bank or the administrator about the account closing.
3) Ask the administrator and the bank for an explanation and an accounting
Send a written request (keep copies) asking:
- Why the account was closed;
- Where the funds went (which accounts or disbursements); and
- Copies of the administrator’s bank communications and transactions.
If the administrator is a court-appointed personal representative, they have fiduciary duties to the estate and may be required to keep records and provide an accounting. If the bank closed the account without asking for probate paperwork or without following its own rules, note that as well.
4) File a formal objection or petition in probate court
If the administrator refuses to explain or return funds that should not have been taken from the estate or the heirs, you can go to the probate court in the county where the decedent lived and:
- File an objection to the administrator’s actions or request the court to compel an accounting;
- File a petition to surcharge the personal representative (a court order making the representative personally liable for loss caused by misconduct or negligence);
- Ask the court to remove and replace the administrator if there is misconduct or inability to perform duties.
If there is no probate case open yet, you may need to ask the court to open probate so that the court has jurisdiction to review the administrator’s conduct.
Michigan probate procedure and the Estates and Protected Individuals Code govern these remedies; for the statutory framework see the Michigan Legislature’s chapter for the Estates and Protected Individuals Code: MCL Chapter 700 (Estates & Protected Individuals Code). For court forms and local procedures, see the Michigan Courts probate information: Michigan Courts — Probate.
5) Consider civil claims if the probate remedy is insufficient
If the administrator or a third party intentionally took estate funds or misapplied them, heirs may have civil causes of action such as conversion, breach of fiduciary duty, or unjust enrichment. These claims can be pursued in probate court (as part of estate administration) or, in some cases, in a separate civil action. Talk with a lawyer about which route fits best for your facts.
6) Time limits and urgency
Act promptly. Probate courts expect issues to be raised early in administration. Some claims have statute-of-limitations deadlines. If funds are disappearing or the administrator is liquidating assets, move quickly to preserve evidence and ask the court for emergency relief if needed.
7) When to hire an attorney
If the administrator refuses to cooperate, if significant money is at issue, or if you need urgent relief, consult a Michigan probate or estate litigation attorney. An attorney can file petitions, prepare motions for expedited hearings, and advise whether a separate civil suit is appropriate.
Helpful hints
- Start by confirming account title—many disputes are resolved once ownership is clear.
- Ask the bank for the account signature card and any beneficiary designation—banks keep these records and they are key evidence.
- Get certified copies of the death certificate and of any letters of authority issued to the administrator.
- Send written requests and keep copies of everything (mail sent certified or by email with read receipts is best).
- If the administrator claims authority, ask to see the court-issued letters of authority or letters testamentary—these are public court documents and show exactly what powers the representative has.
- File a petition in probate court if the administrator will not provide a clear accounting. Probate judges regularly order accountings and can impose sanctions.
- Consider mediation if relationships are strained but the sums and facts can be resolved without protracted litigation.
- Keep records of any suspicious withdrawals, transfers, or sudden payments to the administrator or third parties.
- Use local resources: the Michigan Courts site and county probate court clerks can explain filing procedures; many courts publish guides and forms online (Michigan Courts — Probate).