What to do when an estate administrator closes a joint bank account without telling heirs

Short answer: Act quickly. Preserve documents, demand a written accounting from the administrator, ask the bank for records, and consider filing a petition in the county probate court to compel an accounting, recover funds, or remove the administrator. If needed, consult a Nebraska probate attorney to evaluate claims for breach of fiduciary duty, conversion, or other remedies.

Detailed answer — how this works under Nebraska law and practical steps to take

1. Understand the legal issues

How the account was titled matters. A joint account can be:

• Joint tenancy with right of survivorship — surviving joint owner(s) usually take the money immediately when a co-owner dies.
• Payable-on-death (POD) or beneficiary designation — funds pass to the named beneficiary when the owner dies.
• Account in the decedent’s name only — funds are estate property and must be handled through probate unless small-account or other exceptions apply.

If an administrator (a court-appointed personal representative) was properly appointed by the county probate court, that person has certain legal authority to handle estate assets. If no appointment occurred, someone acting as an “administrator” who closes estate accounts may be acting without legal authority and could be liable.

2. Immediate steps you should take

1. Preserve everything. Keep copies of bank statements, emails, letters, account opening signature cards, check images, and the death certificate.
2. Ask the bank for an explanation and records in writing. Request the account agreement, signature card, transaction history, and any instruction the bank received to close or withdraw funds. Ask whether the bank relied on an appointment order, letters testamentary/letters of administration, or a signed release.
3. Request a written accounting from the administrator. As a potential heir, you can demand that the administrator provide an inventory and accounting of estate assets and transactions.
4. Check public court records. Determine whether a probate case was opened and whether the person who closed the account is the court-appointed personal representative. County courts in Nebraska handle estate administrations. See Nebraska County Courts: https://supremecourt.nebraska.gov/courts/county-courts
5. File a petition in probate court if necessary. If the administrator refuses to account or you believe funds were wrongly removed, you can ask the county court where the decedent lived to compel an accounting, to surcharge (require repayment), or to remove the personal representative.

3. Possible legal claims or remedies under Nebraska law

• Demand for an accounting in probate court — courts can order a personal representative to file inventories and accountings and can review transactions.
• Removal of the personal representative — if the administrator breached duties, the court can remove and replace them.
• Surcharge or repayment — the court can order repayment for improper distributions, misappropriation, or waste of estate assets.
• Civil claims outside probate — heirs may have tort claims such as conversion, breach of fiduciary duty, or unjust enrichment if someone took funds improperly.
• Criminal referral — if the facts suggest theft or fraud, contact the county attorney or law enforcement for possible criminal investigation.

4. Where to file and which laws apply

Probate and estate administration matters are handled by Nebraska county courts. The Nebraska probate statutes are in the Nebraska Probate Code (Chapter 30 of the Nebraska Revised Statutes). For a starting point to the statutes and to find specific provisions about duties, inventories, and accountings, see the Nebraska statutes: https://nebraskalegislature.gov/laws/statutes.php?statute=30

5. Banks and their role

Banks will follow state law and their account agreements. They may rely on a certified court order, letters testamentary/administration, or joint account rules. If the bank acted only on a signed court order or on clear authority, its action is more likely to be protected. If the bank closed an account because an unauthorized person presented documents or false statements, the bank could share liability. Ask the bank for a written explanation and copies of any documents it relied upon.

6. Timing and urgency

Move quickly. Evidence (transaction records, bank video, check images) can be lost or overwritten. Some legal remedies are subject to statutes of limitations, so do not delay consulting counsel if you suspect wrongdoing.

Helpful Hints

• Get a certified copy of the death certificate and any probate filings (petition, letters, orders) from the county court clerk where the decedent lived.
• Send a written demand for an accounting to the administrator by certified mail and keep proof of delivery.
• Ask the bank to place a hold on remaining estate funds (if any) while you resolve the dispute or until the court orders distribution.
• Collect witnesses and documentary evidence—emails, text messages, copies of checks, withdrawal slips, and bank notices.
• Consider mediation or settlement if the administrator acknowledges an error and is willing to make restitution — courts often favor quick resolution that restores estate assets.
• Contact the Nebraska Department of Banking and Finance if you suspect the bank mishandled the matter: https://ndbf.nebraska.gov/
• Talk to a probate attorney early. An attorney can help you file the proper probate motions (for accounting, surcharge, or removal) in the correct county court and preserve your rights.

Where to find help and next steps

Start by visiting the county court where the decedent lived and request any probate case files. If no probate case exists and the account belonged to the estate, consider filing for appointment of a personal representative. If a personal representative exists but you suspect wrongdoing, ask the court for an accounting and consider motion practice to compel documents and recover funds.

For general information about Nebraska probate courts: https://supremecourt.nebraska.gov/courts/county-courts

For Nebraska Probate Code (Chapter 30): https://nebraskalegislature.gov/laws/statutes.php?statute=30

For the Nebraska Department of Banking and Finance (consumer assistance): https://ndbf.nebraska.gov/

Disclaimer

This article explains general legal principles under Nebraska law and provides practical steps for someone in this situation. It is not legal advice and does not create an attorney-client relationship. For advice specific to your situation, consult a licensed Nebraska probate attorney.