New Jersey: Challenging an Administrator Who Closed a Deceased Parent’s Joint Bank Account

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

Short answer

If an appointed administrator closed a deceased person’s joint bank account without telling heirs, you have options under New Jersey law. First, determine who legally owned the funds (survivor by right of survivorship vs. funds belonging to the estate). Then demand records and an accounting from the administrator, and, if necessary, petition the Surrogate’s Court for relief (an accounting, temporary freeze, removal, or surcharge) or bring civil claims (conversion, breach of fiduciary duty) and, in some situations, criminal complaints. Acting quickly and gathering documentation are critical.

How joint bank accounts commonly work in New Jersey

Not all joint accounts pass outside probate. Two common possibilities:

  • Right of survivorship (JTWROS) or a named beneficiary (POD): the surviving co-owner or beneficiary usually becomes the owner of the funds automatically when the other owner dies, and those funds generally do not become estate property.
  • Single-owner account with a named signatory or convenience signer: the account may still belong to the deceased owner, and the money can be estate property subject to probate.

To resolve which applies, get the bank’s account agreement, the account title, and any beneficiary designations.

Administrator duties and legal limits

An administrator (also called a personal representative) has statutory duties to manage estate property, preserve assets, and account for receipts and disbursements under New Jersey probate law (see Title 3B — Estates and Fiduciaries). The administrator must act in the estate’s and heirs’ best interests, follow Surrogate’s Court orders, and provide an accounting when required.

Relevant New Jersey law and court resources:

Practical first steps to challenge the closure

  1. Get written information from the bank: Ask the bank (in writing) why the account was closed, when funds were moved, the destination account, and request copies of account statements, signature cards, account agreements, and any withdrawal records.
  2. Confirm whether probate/administration was opened: Check with the local Surrogate’s Court to see whether the administrator is officially appointed and whether letters testamentary or letters of administration were issued. If no appointment exists, the person handling the account may lack authority.
  3. Request an accounting from the administrator: Send a written demand for a complete accounting of estate-related assets and transactions. Keep copies and send by certified mail when possible.
  4. Preserve evidence: Save emails, texts, bank notices, cancelled checks, and any documents showing communications and transactions.

When to ask the Surrogate’s Court for relief

If the administrator does not cooperate or you believe funds were misapplied, you can ask the Surrogate’s Court for several remedies:

  • Order compelling a formal accounting by the personal representative.
  • Temporary relief such as a freeze (injunction) to prevent further dissipation of estate assets while the court considers the matter.
  • Removal of the administrator and appointment of another fiduciary if there is misconduct or incapacity.
  • Surcharge or money judgment against the administrator for improperly handled funds (if the court finds conversion, breach of fiduciary duty, or mismanagement).

Petitions and motions are filed in the Surrogate’s Court for the county where the decedent lived. The NJ Courts self-help pages explain available filings and procedures: https://www.njcourts.gov/selfhelp/estatesprobate/.

Civil claims and criminal referrals

Separate from probate remedies, heirs or beneficiaries may have civil claims such as conversion (wrongful exercise of control over property), breach of fiduciary duty, or unjust enrichment. If the administrator intentionally stole funds, a criminal complaint to law enforcement may be appropriate. Criminal charges are pursued by the state; civil claims are pursued by private parties in Superior Court.

What evidence and documents to gather now

  • Death certificate and any will or trust documents.
  • Letters testamentary or letters of administration (if issued).
  • Bank account statements before and after the death, signature cards, account agreements, beneficiary/POD forms, and withdrawal records.
  • Communications with the administrator and the bank (emails, letters, texts).
  • Any receipts, canceled checks, or transfers showing where funds were moved.

Timing and urgency

Act quickly. Administrators and banks may move funds, pay bills, or distribute assets. Quick steps—demanding records, filing a temporary restraining order or petition in Surrogate’s Court—can preserve the estate’s assets. Delays can make recovery harder and may affect the court’s remedies.

When to call an attorney

Consider hiring a New Jersey probate or trusts and estates attorney if:

  • The administrator refuses to provide information or an accounting.
  • Large sums are missing or were transferred to unknown accounts.
  • There are signs of intentional misconduct or fraud.
  • You want to file a Surrogate’s Court petition or civil suit and are unfamiliar with court procedures.

How a lawyer can help

An attorney can:

  • Review documents and advise whether the funds were estate assets or passed outside probate.
  • Draft and send formal demands, petitions to the Surrogate’s Court, and, if needed, civil complaints.
  • Seek temporary injunctive relief to freeze funds.
  • Negotiate settlements or represent you at hearings and trials.

Helpful hints

  • Keep a careful paper and electronic file with dates of every contact, copies of all documents, and notes of phone calls.
  • Send key requests and demands in writing and by certified mail so you have proof of delivery.
  • Ask the bank for the account’s signature card and any beneficiary designations to verify ownership and authority.
  • Check the Surrogate’s Court docket online or call the Surrogate’s office in the county where the decedent lived to see whether an estate case was opened.
  • If funds were transferred to another account, get the transfer details (dates, amounts, receiving account) from the bank immediately.
  • If you suspect criminal conduct, you may file a police report, but coordinate with a lawyer to preserve legal rights and avoid compromising Civil remedies.
  • Be mindful of deadlines—probate petitions and civil claims have time limits; consult counsel promptly.

Disclaimer: I am not an attorney and this is not legal advice. This article provides general information about New Jersey procedures and options and is not a substitute for advice about your specific situation. For advice tailored to your facts, consult a licensed New Jersey attorney or contact the Surrogate’s Court in the county where the decedent lived.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.