How to Challenge an Administrator Who Closed a Deceased Parent’s Joint Bank Account in South Carolina

Disclaimer: This is educational information, not legal advice. Consult a licensed South Carolina attorney about your specific situation.

Detailed Answer

Overview — what usually happens with joint bank accounts

When an account is titled as a “joint account with rights of survivorship,” the surviving joint owner often takes control automatically on the other owner’s death. If the decedent’s account was not properly titled or the administrator to the estate closed the account after the decedent’s death, heirs and beneficiaries may still have legal rights. South Carolina probate law governs how personal representatives (administrators) must handle estate assets. See South Carolina Code, Title 62 (Probate, Trusts and Fiduciaries): https://www.scstatehouse.gov/code/t62.php.

Possible legal problems if an administrator closed the account without notice

• The administrator may have failed to provide required notice to interested persons or to the probate court.
• The administrator may have wrongfully converted funds if they used the money for personal purposes or for improper disbursements.
• The administrator may have acted outside the scope of their authority if the account wasn’t estate property or if the account belonged to a surviving joint owner.

Immediate steps you should take

1. Get written records from the bank. Request the account title, signature card, account opening documentation, all statements, and a transaction history. Ask for any paperwork the bank relied on when it closed the account.
2. Preserve evidence. Save emails, letters, text messages, and any probate filings. Note dates and people you spoke with.
3. Contact the probate court. Ask whether an administration has been opened and who is the appointed personal representative (administrator). You can search probate dockets at your county probate court or contact the clerk.
4. Send a written demand to the administrator. Request an accounting and explanation of why the account was closed and how funds were disbursed. Send by certified mail and keep copies.

Formal legal actions available in South Carolina

If informal steps do not resolve the issue, you or other interested persons can ask the probate court to act. Common probate remedies include:

• Petition for an accounting: Ask the court to order the administrator to provide a full accounting of estate assets and transactions.
• Motion to compel production of documents: Ask the court to order the administrator or the bank to produce records.
• Petition to recover assets / surcharge: If funds were misapplied, the court can require the administrator to repay the estate and may surcharge (monetarily penalize) the administrator for breaches of duty.
• Removal of the administrator: If the administrator breached fiduciary duties, the court can remove them and appoint a new representative.
• Civil suit for conversion or breach of fiduciary duty: In some cases, heirs may bring a separate civil action against the administrator for wrongful taking or misuse of estate property.

How South Carolina law guides these actions

South Carolina’s probate statutes describe the duties, powers, and liabilities of personal representatives. Title 62 contains the probate rules and the standards for fiduciary conduct; consult the general provisions here: https://www.scstatehouse.gov/code/t62.php. For court procedure, contact the local probate court or see the South Carolina Judicial Branch: https://www.sccourts.org.

What you will need to prove

To be successful you will generally need to show:

• That the account belonged to the decedent (or was estate property) and was closed without proper authority;
• What happened to the funds (bank records and transaction history);
• That the administrator either lacked authority or breached fiduciary duties in closing or using the funds;
Which persons are entitled to notice or distribution under the will or by intestacy.

Practical timeline and expectations

Act quickly. Banks may limit how long they retain records. Probate courts also have schedules and deadlines. Begin collecting documents and contact the court and the bank within days to weeks after you learn of the closure. If you suspect improper dissipation of funds, seek legal help soon to preserve remedies and evidence.

Helpful Hints

• Document everything: dates, names, who you spoke to, and what was said.
• Request bank records in writing and keep copies of all correspondence.
• Ask the bank whether the account was titled as “Payable on Death,” “Joint with Right of Survivorship,” or as an estate account — the title matters.
• Find the probate case number or confirm whether probate was opened; that identifies the administrator officially.
• Send a concise written demand for an accounting to the administrator by certified mail (signature required) and keep proof of mailing and receipt.
• If the administrator refuses to produce records, consider filing a petition in probate court to compel an accounting or production of documents.
• Keep communications polite and factual; courts prefer clear, documented attempts to resolve disputes before litigation.
• When contacting the bank, ask about their policies on releasing funds after death — sometimes banks close accounts upon notice of death and deposit funds to the estate or hold them pending probate instructions.
• Consult a South Carolina probate attorney early if large sums are missing, if the administrator is uncooperative, or if you suspect fraud.

Where to find more information

South Carolina Code, Title 62 (Probate, Trusts and Fiduciaries): https://www.scstatehouse.gov/code/t62.php

South Carolina Judicial Branch (courts and probate information): https://www.sccourts.org

If you need help turning these steps into specific filings or a demand letter, consider contacting an attorney who practices probate and estate litigation in South Carolina.