Can I challenge an administrator who closed my father’s joint bank account without notifying heirs?

Short answer: Yes — you may have options to challenge the administrator’s actions. Your available remedies depend on (1) how the account was titled, (2) whether the administrator had court authority, and (3) whether the administrator’s actions were authorized by the probate court or by law. Start by preserving records, asking the bank for documents, and consulting the probate court or a probate attorney in Rhode Island.

Detailed answer — what you need to know under Rhode Island law

This answer explains, in plain language, how to identify the problem and the steps you can take in Rhode Island. It is not legal advice.

1. Identify the type of account and the legal effect of the owner’s death

How the account was titled determines who had the right to the money when your father died:

• Joint account with right of survivorship (JTWROS) — The surviving joint owner typically becomes the sole owner automatically when one owner dies. In that case, the bank usually releases funds to the surviving joint owner after seeing a death certificate and proper identification.
• Convenience account or agent-only account — If the joint owner was only a convenience signer (allowed to transact while the older owner was alive), the bank may determine the funds belong to the decedent’s estate at death and freeze the account pending probate.
• Account titled in decedent’s name only — The bank will usually freeze the account and require a personal representative (executor or administrator) or a probate order to distribute funds.

If the administrator closed the account after your father’s death, first request the bank’s written explanation of why they closed or removed funds from the account and ask for copies of any documents the administrator gave the bank (letters of administration, court orders, identification, or death certificate).

2. Was the administrator acting with authority?

In Rhode Island, a personal representative (administrator or executor) must act under authority of the probate court or under powers granted by statute or the will. If an administrator acted without court approval or outside their authority, heirs and interested parties can challenge those actions in probate court.

Two key questions to check:

• Did the administrator have letters of administration or letters testamentary issued by a Rhode Island probate court? Ask the bank for copies or check the probate court file where the decedent’s estate was opened.
• Were the actions consistent with any court orders? If the administrator removed funds without accounting to the court or without court approval where approval was required, that can be grounds to challenge.

3. Immediate steps to take

1. Request documents from the bank in writing. Ask the bank to provide:
   • Account title at time of death;
   • Copies of any documentation the administrator provided (letters, ID, death certificate);
   • A transaction history showing withdrawals, transfers, or closures.
2. Obtain a certified copy of the death certificate.
3. Check probate records. Find out whether a probate case was opened in Rhode Island and request a copy of the administrator’s appointment and any filings. Many Rhode Island probate matters are public records available at the local probate office or through the Rhode Island Judiciary: https://www.courts.ri.gov/.
4. Preserve evidence. Save emails, letters, and screenshots. Make written notes of all phone calls (date, person, summary).
5. Contact the bank’s legal or compliance department if the front-line staff cannot explain the closure.

4. Legal remedies you can pursue in Rhode Island

Depending on facts, remedies may include:

• Requesting an accounting in probate court. An interested person (heir, beneficiary) can ask the probate court for an accounting that shows how the administrator handled estate assets. If the administrator distributed or used estate funds improperly, the court can order repayment or surcharge the administrator.
• Petitioning to remove the administrator. If the administrator is acting improperly, you can ask the probate court to remove and replace them.
• Filing an action for conversion or breach of fiduciary duty. If the administrator took funds for personal use or closed accounts wrongfully, a civil lawsuit may be appropriate.
• Requesting a temporary freeze or injunction. In urgent cases, the probate court can freeze assets to prevent dissipation while the dispute resolves.
• Filing a complaint with state regulators. If the bank’s conduct seems improper, you can file a complaint with Rhode Island’s Department of Business Regulation, Division of Banking: https://dbr.ri.gov/divisions/banking.

5. Timelines and practical considerations

Act quickly. Banks can move money and close accounts fast. Probate challenges have procedures and deadlines; waiting can limit remedies. Gather records and consider consulting a Rhode Island probate attorney promptly to preserve claims and file necessary petitions.

How to prepare before you ask the probate court to act

Gather these items so your petition is effective:

• Death certificate (certified copy);
• All correspondence with the bank and the administrator (letters, emails, text messages);
• Bank statements showing the account title, balances, and any transfers or withdrawals after death;
• Probate court filings (if any) showing appointment of the administrator;
• Contact information for all heirs and known beneficiaries.

Where to find help in Rhode Island

Start with these official resources:

• Rhode Island Judiciary (probate court information and forms): https://www.courts.ri.gov/
• Rhode Island Department of Business Regulation, Division of Banking (consumer complaints and licensing): https://dbr.ri.gov/divisions/banking
• Rhode Island General Laws (to research estate and fiduciary statutes): https://www.rilegislature.gov/Statutes/Pages/ByTitle.aspx (look under Title 33 for estates and trusts)

When to hire a Rhode Island probate attorney

Consider an attorney if any of the following are true:

• The administrator moved or spent significant sums after your father’s death;
• The bank cannot or will not produce documents showing why it released funds;
• There are disputes among heirs or potential fiduciary breaches;
• You need to petition the probate court for an injunction, accounting, or removal of the administrator.

Helpful Hints

• Ask for everything in writing. A written bank explanation helps later in court or in complaints.
• Check the precise account title on statements; small wording differences (e.g., “joint with rights of survivorship” vs. “joint for convenience”) matter a great deal.
• Look up whether a probate case exists in the Rhode Island probate court for your father’s estate — if so, obtain the court file and filings right away.
• If someone claims the funds were distributed under a will or court order, ask for a certified copy of that order.
• Keep a timeline of events: date of death, when the administrator presented documents to the bank, when the account was closed, and when funds were transferred.
• Consider alternate dispute resolution (mediation) if heirs and the administrator are willing to negotiate — it can be faster and less costly than litigation.
• File a consumer complaint with the Division of Banking if the bank’s actions seem irregular, but note that regulator action does not substitute for probate remedies against an administrator.