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Detailed answer: What to do if an administrator closed your father’s joint bank account without notifying heirs (South Dakota)

Summary: If your father died and the person acting as the estate’s administrator (personal representative) closed a joint bank account without telling heirs, you can take several steps under South Dakota law to find out what happened and, if necessary, force the estate or the administrator to return money or account for their actions. The precise remedies depend on how the account was titled (joint tenancy with right of survivorship, payable‑on‑death, or sole‑owner account treated as estate property), what the administrator did with the funds, and whether the administrator followed probate rules in South Dakota (Title 29A).

Key legal concepts (plain language)

• Joint account with right of survivorship: If the bank account was owned jointly and it carried a right of survivorship, the surviving joint owner generally owns the funds automatically when the other account holder dies. That money usually does not become estate property.
• Payable‑on‑death (POD) or transfer‑on‑death: If the account names a beneficiary, the balance typically passes to the named beneficiary and is not estate property.
• Sole account or estate asset: If the account was in your father’s name alone (or the bank disregards the survivorship), the money may be estate property and the administrator has a duty to collect, protect, and distribute assets according to law and the will or intestacy rules.
• Administrator’s duties: The personal representative must act as a fiduciary, provide notice to interested persons when required, file inventories and accountings with the probate court, and not misappropriate estate funds. South Dakota’s probate law governs these duties (see SDCL Title 29A).

For statutory guidance on estate administration in South Dakota, see the South Dakota Probate Code (Title 29A): https://sdlegislature.gov/Statutes/Codified_Laws/DisplayStatute?Type=Title&Title=29A.

Step‑by‑step actions you can take now

1. Gather documents immediately.
   • Obtain the death certificate, the bank account statements, the account signature card, any account agreement or online records, and any communication from the bank or administrator.
   • If you do not have these, request them in writing from the bank and from the administrator (keep copies).
2. Ask the bank for a written explanation.
   • Request a written statement explaining why the bank closed the account and what happened to the funds. Ask for a transaction history from the date of death to present.
3. Contact the administrator and ask for an accounting.
   • Under South Dakota probate practice the personal representative must provide information about estate assets and transactions. Make a written demand for an accounting, inventory, and explanation of any withdrawals.
4. File a request or petition in the probate court handling the estate.
   • If the administrator refuses to cooperate or you suspect misappropriation, file a petition in the county probate court where the estate is open asking the court to compel an accounting, to order turnover of assets, or to remove the administrator for breach of fiduciary duty. The probate court has authority under the South Dakota probate statutes (Title 29A) to supervise administration.
5. Consider civil claims (conversion, breach of fiduciary duty) and criminal referral.
   • If the administrator deliberately took funds that belonged to heirs or to the surviving joint owner, you may have a civil claim for conversion or unjust enrichment and can ask the court to surcharge the administrator. If the behavior appears criminal (theft or embezzlement), you can also contact law enforcement and provide the evidence gathered.
6. Act quickly but calmly.
   • Some remedies are time sensitive. Gather evidence, preserve documents (do not alter bank records), and move promptly to preserve your rights.

How courts typically decide who gets the money

The court looks at the account title and the bank’s records first. If the account legally belonged to the surviving joint owner or a POD beneficiary, the funds normally do not become part of the estate and the administrator cannot legally close out and distribute those funds as estate property. If the account was an estate asset, the administrator must treat it as estate property and follow probate rules in Title 29A.

What remedies the probate court can award

• Order the administrator to provide a full accounting and to return or pay over funds that were wrongfully taken.
• Order turnover of assets improperly withheld from the estate or heirs.
• Remove or surcharge the administrator for breach of fiduciary duty.
• Refer conduct to law enforcement if criminal activity is suspected.

Evidence that helps your case

• Account application and signature card showing ownership form (joint, POD, or sole).
• Bank statements, canceled checks, and online transaction records showing withdrawals or transfers after death.
• Any written communications from the administrator or bank about account closure and disposition of funds.
• Probate filings (letters testamentary or letters of administration) showing who is acting for the estate.

When to hire an attorney

Consult a South Dakota probate or estate litigation attorney if: the administrator refuses to provide an accounting; significant funds are missing; you need to file court papers and want professional representation; or you suspect intentional wrongdoing. An attorney can prepare a petition, obtain emergency court intervention (temporary restraining order or injunction), and pursue civil or criminal referrals if appropriate.

To read the South Dakota statutes that govern probate administration and fiduciary duties, start with SDCL Title 29A (Probate Code): https://sdlegislature.gov/Statutes/Codified_Laws/DisplayStatute?Type=Title&Title=29A.

Helpful hints

• Keep everything in writing. Send requests by certified mail or email and save copies.
• Get certified copies of the death certificate from the county vital records office; banks will require them.
• Ask the bank for a “transaction history since date of death” and the account agreement that shows whether the account bears survivorship or POD language.
• Check the probate case docket (county court clerk) to see what the administrator filed and what the court ordered.
• If you fear money will disappear, ask the probate court for an emergency order to freeze the estate account or to require the administrator to put disputed funds in a blocked account until the court decides.
• Be realistic about costs. Small‑estate claims may be inexpensive; contested actions and litigation can be costly. Ask the court about simplified or small estate procedures if the total estate value is low.
• If communication with the administrator stalls, file a short petition asking the probate court for a simple accounting before escalating to full litigation.

Disclaimer: This article explains general legal concepts under South Dakota law for educational purposes only. It is not legal advice, and it does not create an attorney‑client relationship. For advice about your specific situation, contact a licensed South Dakota attorney.