Detailed Answer
Short overview: If someone appointed as the personal representative (administrator) of a decedent’s estate closed a bank account that was jointly held with the decedent without telling heirs, you have several possible responses under Pennsylvania law. Your options depend on how the account was owned (true joint account with right of survivorship, a payable-on-death (POD) account, or an account owned only by the decedent), what paperwork the administrator has, and whether the administrator followed the proper court process.
Key legal concepts to understand
- Title of the account: Joint accounts that include a surviving co-owner usually pass to the surviving owner by right of survivorship and are not estate property. POD (payable-on-death) or TOD designations also bypass probate and go to the named beneficiary.
- Estate property vs. non-probate property: Money that belongs to the estate is managed by the personal representative and can be distributed under court supervision. Funds that pass automatically to a surviving joint owner or POD beneficiary generally are not estate assets.
- Jurisdiction and review: Pennsylvania’s Orphans’ Court (part of the Court of Common Pleas) supervises estate administration and hears disputes about fiduciaries and accountings.
Practical steps to challenge the action
- Gather documents immediately. Ask the bank for copies of the account agreement, signature card, the decedent’s death certificate, transaction history, and any requests or authorizations submitted by the administrator. Also get a copy of the administrator’s letters (letters testamentary or letters of administration) if issued by the court. These documents show who had authority and how the bank treated the account title.
- Confirm how the bank titled the account. If the account was titled to the decedent and a surviving person jointly, the bank’s account records usually state whether it is a joint-with-right-of-survivorship account or a convenience account. A true joint-with-survivorship account normally belongs to the surviving co-owner on death. If the bank treated a survivorship account as estate property, that may be improper.
- Contact the administrator in writing. Send a clear written demand (certified mail) asking for an explanation, a copy of any court appointment, and an accounting of the funds removed or closed. Conservatively preserve all evidence (emails, bank notices, recorded calls if allowed in your jurisdiction).
- Ask the bank to reverse or provide records. If the administrator or the bank acted without authority, the bank may reverse improper transfers or provide transaction copies. If the bank refuses, ask for the bank’s written explanation of why it released or closed the account.
-
File a petition in Orphans’ Court if necessary. If the administrator refuses to cooperate or if you believe the funds were taken improperly, you (as an heir or interested person) can petition the Orphans’ Court in the county where the estate is being administered. Common remedies include:
- Petition for an accounting (demand the administrator show receipts and disbursements).
- Petition for turnover or recovery of estate property (ask the court to order return of funds that belong to the estate).
- Exceptions to the account or petition to surcharge the fiduciary (seek monetary remedy for wrongful transfers).
- Temporary relief (ex parte or emergency motions) asking the court to freeze funds or block further transfers while the matter is decided.
The Orphans’ Court supervises fiduciaries and enforces their duties. For general information about Orphans’ Court procedures, see the state judiciary’s resource: Pennsylvania Courts — Orphans’ Court.
- Consider a banking regulator or consumer complaint. If the bank acted improperly or failed to follow its own rules, file a complaint with the Pennsylvania Department of Banking and Securities: PA Dept. of Banking & Securities — Consumer Resources. That office can investigate bank practices but cannot replace Orphans’ Court remedies.
- Act quickly but calmly. Time often matters in estate disputes. Promptly requesting records, notifying the court, and preserving evidence strengthens your position. If you miss deadlines created by a specific court process, you may reduce your remedies, so avoid delay.
- Get legal help. An attorney who handles probate and estates in Pennsylvania can review the title documents, the administrator’s actions, and the likely remedies. If the amount at issue is small, you may have low-cost or limited-scope options. If the matter is contested, counsel can draft and file the necessary petitions in Orphans’ Court.
Where Pennsylvania law fits
Pennsylvania’s statutes govern estate administration, fiduciary duties, and the court procedures for oversight. Title 20 of the Pennsylvania Consolidated Statutes covers decedents, estates, and fiduciaries. You can review the statutory framework here: 20 Pa.C.S. — Decedents, Estates, and Fiduciaries (Pennsylvania Consolidated Statutes). The Orphans’ Court (a division of the Court of Common Pleas) supervises personal representatives and resolves these disputes. For court rules and local procedure, check the Orphans’ Court page noted above and the local county Orphans’ Court clerk’s office.
Disclaimer
This article explains general legal principles and practical steps under Pennsylvania law. It does not provide legal advice and does not create an attorney-client relationship. For advice about a specific situation, consult a licensed Pennsylvania attorney promptly.
Helpful Hints
- Collect and preserve bank records, death certificate, account title, will (if any), and any court papers naming the administrator.
- Confirm whether the account was a survivorship or POD account—those may not belong to the estate.
- Send all demands in writing and keep proof of delivery (certified mail or tracked email).
- Ask the bank for a complete transaction history and any paperwork they used to release or close the account.
- If a court has already issued letters to the administrator, get a copy from the clerk—those letters define the administrator’s authority.
- File an Orphans’ Court petition if the administrator will not provide a reasonable accounting or if funds were taken improperly.
- Consider a consumer complaint to the Pennsylvania Department of Banking & Securities if you suspect bank error or misconduct.
- Seek legal advice quickly; courts can issue temporary orders to preserve assets when warranted.