Quick answer (FAQ style)

If the deceased account holder’s bank account was a true joint account with right of survivorship, the surviving joint owner normally owns the funds immediately on death. If an appointed administrator closed the account and removed funds without authority or without notifying heirs who have a legal interest, you can ask the probate court to require an accounting, to order return of wrongfully removed funds, and possibly to remove or sanction the administrator. Act quickly: prompt notice to the bank and a timely petition in probate court will protect your rights.

Detailed answer — what Mississippi law means and what you can do

This explanation assumes you are in Mississippi and starts from zero legal knowledge. It summarizes typical legal principles that govern joint accounts and estate administration, explains how Mississippi probate courts handle disputes over administrators, and lists steps you should take now.

1. Who actually owns a joint bank account when one joint owner dies?

Many joint accounts are set up with a right of survivorship. In that case, when one owner dies the surviving joint owner becomes the owner of the entire account immediately, and the account usually does not pass through probate. Banks may, however, freeze an account after a death while they review documents.

If the account was not truly a joint account with survivorship (for example, it was a convenience or “payable-on-death” arrangement or there was conflicting account paperwork), the money may become part of the deceased person’s estate and be administered by an executor or administrator.

2. What authority does an administrator have in Mississippi?

An administrator appointed by the probate court has authority to gather estate assets, pay valid debts, and distribute the remainder to heirs or beneficiaries under Mississippi law and the court’s orders. That authority is limited by the probate court’s oversight. Administrators owe fiduciary duties to the estate and those with an interest in it. If an administrator acts outside the court’s orders or misappropriates funds, beneficiaries and heirs can ask the probate court to remedy that conduct.

3. If the administrator closed the account without notifying heirs, what might be wrong?

• If the account was a survivorship joint account and the administrator closed the account and took funds that belonged to a surviving joint owner, that likely is wrongful conversion of the survivor’s property.
• If the account belonged to the estate (not survivorship) and the administrator closed it without following probate rules or without court approval, the administrator may have acted beyond authority or breached fiduciary duties.
• If heirs were not given required notice about estate administration or account actions, they may have grounds to challenge the administrator’s actions in probate court.

4. Practical steps to challenge the administrator in Mississippi

Follow these steps quickly. Missing time-sensitive opportunities can limit remedies.

1. Get documentation. Collect the death certificate, bank statements for the account, the account contract (signature card), any communication from the bank, and any probate papers (letters of administration, inventory, filings). Request certified copies from the probate court if needed.
2. Contact the bank in writing. Ask the bank to explain why the account was closed and request copies of any documents the bank relied upon (letters of administration, court orders, check images, withdrawal records). Put the bank on written notice you dispute any removal of funds if you believe you or the estate have a right to those funds.
3. File a petition in probate court. If an administrator has been appointed in the county probate court, you can file a petition asking the court to: (a) require a formal accounting; (b) order return of funds wrongfully removed; (c) remove or surcharge the administrator for mismanagement; (d) issue temporary relief (freeze or restrain disbursements) while the court resolves the dispute. Probate courts in Mississippi supervise administrators and can compel answers and relief. Visit the Mississippi judicial website for local probate court contacts: https://courts.ms.gov/
4. Request emergency relief if funds are disappearing. If funds are being dissipated, ask the court for an immediate temporary restraining order or preliminary injunction to preserve estate assets while the dispute is litigated.
5. Consider a civil claim for conversion or breach of fiduciary duty. In addition to probate remedies, you may have a separate civil claim against the administrator for conversion (taking property that belonged to someone else) or for breach of fiduciary duty. Such actions can seek return of funds and damages.
6. Preserve evidence and communications. Keep copies of bank notices, emails, text messages, and any receipts. Make a written timeline of events when the account was accessed, who withdrew funds, and when you learned about it.
7. Get legal help promptly. Probate disputes involve tight deadlines and procedural rules. A Mississippi probate attorney can evaluate whether the account was survivorship property, whether the administrator had authority, and the fastest route to relief.

5. Where in Mississippi law to look and where to get forms

Specific statutory provisions and local probate rules control how administrators are appointed, supervised, and removed. You can read the Mississippi legislative website and county probate court rules and forms at the official sites below:

• Mississippi State Legislature (search the Mississippi Code for “administrators,” “executors,” and “probate”): https://www.legislature.ms.gov/
• Mississippi Judiciary — for contact info and resources on probate courts: https://courts.ms.gov/

6. Common outcomes

• If a court finds the administrator improperly removed funds, the court can order repayment to the proper owner or estate, surcharge the administrator, and sometimes remove the administrator.
• If the bank complied with a facially valid court order or administrator paperwork, the bank may be harder to sue; the probate remedy is usually to pursue the administrator who obtained the funds.
• Many disputes are resolved through a probate accounting and negotiation once all records are produced; however, a contested hearing may be necessary if the administrator refuses to cooperate.

7. Timing — act now

Even if you are uncertain of your rights, do not delay. Prompt written inquiries to the bank and a timely petition to the probate court preserve remedies and facts. If money has been spent, immediate court action is more likely to preserve what remains.

Important note: This article provides general information and steps commonly used in Mississippi probate disputes. You should ask a licensed Mississippi attorney about the specific facts of your case before taking legal action.

Helpful hints

• Start by asking the bank for copies of what it relied on — banks often will provide the letters of administration or court order they received; that paperwork can show whether the administrator had authority.
• Request a certified copy of the letters of administration from the county probate court where the estate is open; that document shows the administrator’s powers.
• Keep all correspondence in writing. If you call the bank or the administrator, follow up with an email or letter summarizing the conversation.
• If you were a named joint owner on the account, gather ID and proof of your survivor status (e.g., account signature card, statements that name you as joint owner).
• Ask the probate clerk about local forms for filing an accounting, petition for removal, or petition for turnover — each county may have its own requirements and filing fees.
• If the administrator is represented by counsel, direct communications should go through counsel; do not agree to anything without written review.
• If funds are already spent or transferred to third parties, tell your attorney immediately: steps such as tracing assets, injunctions, or creditor claims may be necessary.
• Even if you cannot afford an attorney now, many attorneys offer limited-scope consultations or contingency arrangements in probate disputes; ask about fee options.