FAQ: What to do when a personal representative closes a decedent’s joint bank account without notifying heirs

Short answer: Act quickly. Identify who owned the account (did it have a survivorship right?), preserve evidence, demand an accounting from the personal representative, ask the probate court to order an accounting or freeze the funds if needed, and consider a civil claim (conversion or breach of fiduciary duty) if the representative improperly took or distributed money. You may also be able to remove the personal representative for misconduct.

Detailed answer (how this works in Minnesota)

Below is an overview of the practical steps and legal options available in Minnesota when an estate’s personal representative (sometimes called an administrator or executor) closes a decedent’s joint bank account without informing heirs.

1. First determine ownership and survivorship rights

Not every account that lists two names belongs to the estate. Two common possibilities:

• Joint account with right of survivorship: When the account is a joint account that explicitly creates survivorship rights, the surviving joint owner generally takes the funds automatically and the money is not part of the probate estate. In that case a personal representative who seizes or closes the account may be wrongfully interfering with the surviving co‑owner’s property.
• Account belonging to the decedent alone or non‑survivorship joint account: If the decedent owned the money (or the account was not intended to create survivorship rights), the funds belong to the estate and the personal representative has authority to control them, but that authority is subject to fiduciary duties and court supervision.

To decide which applies, get a copy of the bank’s signature card or account agreement, any form the decedent signed (for example, a “joint tenancy” or “POD” designation), and copies of account statements. Banks often have internal records that show whether an account was set up as a survivorship account.

2. Preserve evidence and document the timeline

• Get and keep copies of bank statements showing the date the account was closed and any withdrawals or transfers.
• Request from the bank the account contract, signature card, and any instructions or correspondence.
• Obtain a certified copy of the death certificate and any probate filing documents (letters testamentary or letters of administration).
• Save all communications you receive from the personal representative and the bank, including emails, texts, and written notices.

3. Ask the personal representative and bank for an explanation and an accounting

Send a written demand (certified mail recommended) to the personal representative and to the bank asking for:

• Copies of any account transaction history since the decedent’s death;
• A statement of why the account was closed and where the funds went;
• If the representative claims the money is estate property, request an accounting of how funds were handled and used.

4. Use probate tools — ask the court for relief

Because personal representatives operate under court supervision, the probate court can order relief. Common probate remedies in Minnesota include:

• Motion for an accounting: Ask the probate court to require the personal representative to file a detailed accounting of estate assets and transactions.
• Motion to freeze or recover funds: If the representative moved funds improperly, you can ask the court for a temporary order to restrain further transfers and to recover assets.
• Petition to surcharge or remove the personal representative: If the representative misused estate assets or acted in bad faith, heirs or beneficiaries can petition the court to hold the representative financially responsible or to remove them.

These procedures and the court’s authority are part of Minnesota’s probate law. See Minnesota Statutes, Chapter 524 (Probate Code) for the statutory framework and the court’s powers: https://www.revisor.mn.gov/statutes/cite/524. For practical probate guidance and local court procedures, the Minnesota Judicial Branch maintains probate help and forms: https://www.mncourts.gov/Help-Topics/Probate.aspx.

5. Consider a civil action if funds were taken improperly

If the personal representative converted funds that did not belong to the estate (for example, a surviving co‑owner’s funds), you may have civil claims outside probate, such as conversion, unjust enrichment, or breach of fiduciary duty. If the amount is small, a claim in small claims court may be possible. Keep in mind filing in civil court is separate from probate remedies.

6. Emergency options

If you believe funds are being dissipated or concealed, ask a lawyer to file an emergency motion with the probate court. Courts can issue temporary restraining orders, asset preservation orders, or emergency accountings to prevent irreparable loss.

7. Who can bring these actions?

Typically heirs, beneficiaries, or interested persons in the probate case can request an accounting, petition to remove a representative, or seek recovery. If you’re not a named heir, you may still be an “interested person” if you have a potential claim to the estate.

Illustrative hypothetical (how it might play out)

Example: Dad died. He and Mom had a bank account labeled “John Doe & Jane Doe – Joint Tenants.” The personal representative for Dad’s probate closed the account and put the funds into the estate bank account without telling the children. Documents from the bank show a survivorship designation. The children send a written demand and get no response. They then ask the probate court to order an accounting and to restore the funds to Mom as the surviving joint owner. If the court finds the account contained survivorship rights and the representative improperly took the money, the court can order the funds returned and possibly impose sanctions.

Helpful Hints

• Act fast. Probate and civil deadlines can limit your options.
• Get the bank’s records early. Banks sometimes retain signature cards and account agreements that show whether the account had survivorship rights.
• Keep a clear timeline of events (date of death, date account was closed, who did what, written communications).
• Send a formal written demand to the personal representative and the bank before filing court papers — courts like to see you tried to resolve the matter.
• Consider a consultation with a probate or trust attorney as soon as possible — many attorneys offer brief initial consultations and can review your documents and options.
• If funds are at risk of disappearing, ask a lawyer about emergency court relief to freeze assets.
• Remember: a surviving joint owner who can prove a right of survivorship has a strong claim to accounts titled as such.
• Document everything. Photocopies, certified mail receipts, and written notes of phone calls help build your case.

Where to look in Minnesota law and court resources

• Minnesota Statutes — Chapter 524 (Probate Code): https://www.revisor.mn.gov/statutes/cite/524
• Minnesota Judicial Branch — Probate help and court forms: https://www.mncourts.gov/Help-Topics/Probate.aspx

Next steps

1. Gather the account paperwork from the bank and get a copy of the death certificate.
2. Send a written demand to the personal representative and bank asking for an accounting and explanation.
3. If you do not get a satisfactory response, consult a probate attorney and consider filing a motion in probate court to compel an accounting, freeze funds, or remove the personal representative.

Disclaimer: This information is educational only and does not create an attorney‑client relationship. It is not legal advice. For advice about your specific situation, consult a licensed attorney in Minnesota who handles probate and estate disputes.