What to do when an estate administrator closes a decedent’s joint bank account without notifying heirs

Disclaimer: This is general information, not legal advice. I am not a lawyer. For case-specific advice, consult a Tennessee probate attorney.

Detailed Answer — practical legal steps under Tennessee law

If a person appointed by the probate court (an administrator or personal representative) has closed a decedent’s bank account that was held jointly and did so without informing heirs or other co‑owners, you have several fact‑driven options to protect rights and recover funds. The correct path depends on how the account was titled, whether the administrator had court authority, and what the administrator did with the funds.

1. Confirm the account type and immediate legal effect

• Joint with right of survivorship: If the account was legally a true joint account with survivorship, the surviving joint owner generally becomes the owner of the funds on the decedent’s death. Banks often honor the surviving owner’s immediate claim.
• Payable-on-death (POD) / POD beneficiary: Funds pass to the named beneficiary, outside probate. An administrator usually cannot take those funds.
• Account in decedent’s sole name: The funds are estate property and the administrator (after appointment) may have authority to manage or distribute them under court supervision.

If title is unclear, ask the bank for the account agreement and for transaction records. The bank’s treatment of the account (e.g., freezing, paying to administrator) is important evidence.

2. Gather documents and preserve evidence

• Obtain a certified copy of the death certificate.
• Get the account agreement and recent bank statements from the bank. Request a written explanation of any closing or transfers and the basis for the bank’s actions.
• Obtain the court documents showing the administrator’s appointment (letters of administration/letters testamentary).
• Keep written communications (emails, letters, text messages) with the administrator and the bank.

3. Short, practical demands before filing court papers

• Send a written demand to the administrator asking for an accounting of actions taken with the account and for return of improperly removed funds (send by certified mail).
• Ask the bank for a copy of its documentation showing who authorized closure and how funds were disbursed.
• If you are the surviving joint owner, provide identification and the death certificate and demand the bank turn over the account to you if lawfully yours.

4. File motions in probate court if the administrator will not cooperate

If informal demands fail, heirs and interested parties can use the probate court where the estate is being administered to protect rights. Typical filings in Tennessee might include:

• Petition for accounting and turnover: Ask the court to order the administrator to produce a full accounting of the bank account and to return any estate property improperly taken.
• Motion to compel production of records: Force the administrator to produce bank statements, receipts, and records of distributions.
• Petition for surcharge or removal: If the administrator has misapplied estate assets, you may ask the court to hold the administrator financially responsible (surcharge), and in severe cases to remove the administrator for breach of fiduciary duty.
• Temporary relief: Request a temporary injunction or other emergency relief to freeze remaining funds or prevent further disbursements while the court considers the dispute.

These actions are governed by Tennessee’s probate law found in Title 30 of the Tennessee Code Annotated. For an overview of the probate statutes, see Tennessee Code Annotated, Title 30 — Probate and Administration.

5. Civil and criminal remedies (if applicable)

• Civil claims: If the administrator converted funds (used estate or joint funds for personal benefit) you can seek restitution in probate court or file a civil lawsuit for conversion, breach of fiduciary duty, or unjust enrichment.
• Criminal referrals: If the conduct looks like theft, embezzlement, or fraud, report the conduct to local law enforcement or the district attorney’s office. Tennessee criminal statutes are in Title 39; consult the district attorney when criminal conduct is suspected: Tennessee Code Annotated, Title 39 — Criminal Offenses.

6. Time limits and practical timing

Act promptly. Evidence (bank records, witness recollection) is easier to get sooner. Deadlines for contesting certain acts can vary, so don’t delay in consulting a probate attorney about filing petitions. Probate courts supervise administrators continuously, and interested persons may ask the court for relief at any time while the estate is open.

7. When to hire a Tennessee probate attorney

Contact an attorney if:

• The administrator refuses to provide an accounting or return funds.
• Large sums are missing or distributed to parties not entitled to them.
• You need emergency court relief (freeze on assets) or to remove the administrator.

A lawyer can draft the correct probate petitions, represent you at hearings, and coordinate civil or criminal claims if necessary.

Helpful Hints

• Determine account ownership first: survivorship or estate asset. That simple fact often resolves the dispute without litigation.
• Get certified copies of all court papers (letters of administration) from the probate clerk—these show the administrator’s authority (or lack of it).
• Request a written bank explanation for every transaction. Banks must keep records and typically will provide transaction histories when asked properly.
• Send all demands and communications in writing; keep copies and delivery receipts (certified mail or email with read receipts).
• If an administrator refuses to cooperate, file a petition in the probate court that appointed the administrator—county-level probate court handles these disputes.
• Consider mediation if the parties are willing. Mediation can resolve disputes faster and with less cost than contested hearings.
• Preserve digital evidence: download and save bank PDFs, emails, text messages, and photos of paper notices.
• If criminal behavior is suspected (clear theft or embezzlement), contact local law enforcement or the district attorney to discuss a criminal complaint.

Where to look in Tennessee law

Key topics in Tennessee law relevant to this situation include probate administration, fiduciary duties of personal representatives, and remedies for misapplied estate assets. See the Tennessee Code Annotated, Title 30 regarding probate and administration: https://www.capitol.tn.gov/legislation/title/30/. For potential criminal conduct such as theft, see Title 39: https://www.capitol.tn.gov/legislation/title/39/.

Final practical checklist

1. Confirm account titling (joint survivorship, POD, or sole).
2. Get certified death certificate and letters of administration (if issued).
3. Request the bank’s transaction history and written explanation.
4. Send a written demand to the administrator for an accounting and return of funds.
5. If no cooperation, file petitions in probate court for accounting, turnover, surcharge, or removal.
6. Consult a Tennessee probate attorney for court filings and possible civil/criminal claims.

Acting quickly, documenting everything, and using the probate court to compel records and relief are the most reliable ways to challenge improper closings or distributions. A local probate attorney can evaluate facts, prepare petitions, and represent your interests in Tennessee courts.