Challenging an Administrator Who Closed a Joint Bank Account in Texas

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

Understanding and Responding When an Estate Administrator Closes a Deceased Person’s Joint Bank Account in Texas

Detailed answer — what to know and what to do

When someone appointed by a probate court (an administrator) handles a decedent’s estate, they must follow court orders and Texas law. If a joint bank account owned by the decedent was closed and the funds moved into the estate (or otherwise handled) without notice to people who may have rights or interests, heirs and co‑account holders have several legal paths to challenge that conduct.

First, determine how the account was titled and what legal rights survivors or joint owners hold. In Texas, some joint accounts are nonprobate transfers (survivorship accounts) that pass directly to the surviving owner when one owner dies. Other joint accounts are convenience accounts or have a payable‑on‑death (POD) designation. The account agreement and bank signature card are the keys to understanding the account owner’s intent.

Next, identify whether the administrator had authority from the probate court to take the specific action (closing the account). Administrators are fiduciaries for the estate and generally must provide inventories, accountings, and act in the estate’s and beneficiaries’ best interests. If an administrator closed a joint account that belonged (by right of survivorship) to a surviving joint owner, that may be wrongful. If the administrator acted without court approval or in a way that misapplied estate assets, heirs and affected co‑owners can ask the probate court to review and remedy the conduct.

Common legal remedies and steps in Texas include:

  • Gather documentation: account title, bank statements, the bank’s account agreement and signature card, a certified copy of the death certificate, letters testamentary or letters of administration, and any correspondence with the bank or administrator.
  • Request an accounting and demand return of any funds that belong to a surviving co‑owner. Administrators must provide inventories and accountings to the court and interested persons.
  • File motions in probate court: to compel an accounting, to request turnover of funds, to freeze or preserve assets, or to revoke or remove the administrator for breach of fiduciary duty if warranted.
  • Pursue civil claims if necessary: claims for conversion (wrongful taking or use of property), breach of fiduciary duty, or declaratory judgment confirming ownership of funds and rights to the account proceeds.
  • Seek emergency relief if assets are at risk: a temporary restraining order (TRO) or temporary injunction can preserve funds while the court resolves the dispute.

Where to look for authoritative Texas guidance:

  • Texas statutes and the Estates Code: the Texas Legislature’s statute repository is a primary source for probate and estates law — https://statutes.capitol.texas.gov/ (look under the Estates Code).
  • Practical information about probate procedure from the Texas Judicial Branch — https://www.txcourts.gov/programs-services/probate/.

Practical examples of how this can play out:

  • If the account was a true joint tenancy with right of survivorship and the surviving co‑owner can prove the account was intended to pass outside probate, a probate court can order the funds returned to the surviving joint owner. The administrator has no right to appropriate those funds to the estate.
  • If the administrator argues the account was estate property (for example, because the deceased was the primary owner and the joint name was a convenience), the court will examine the account paperwork, bank policies, and surrounding facts to determine the owner’s intent. That’s often a fact issue that may require testimony and documentary evidence.
  • If the administrator distributed or spent funds without court authority or without listing the account on the inventory, that conduct can support a motion to remove the administrator and a claim for damages.

Timing and urgency: act quickly. If funds are dispersed or spent, recovery becomes harder. An immediate preservation motion can be critical.

Step‑by‑step checklist (what you should do now)

  1. Obtain a certified copy of the decedent’s death certificate.
  2. Ask the bank (in writing) for: the account signature card, the account agreement, any beneficiary or POD designation, and copies of statements for the last few years. Request confirmation of the date the account was closed and a record of funds disbursement.
  3. Request from the probate court or the administrator: the letters of administration (or letters testamentary), the estate inventory, and any filed accountings. Many probate courts allow interested persons to inspect these filings.
  4. Send a written demand to the administrator asking for an accounting and stating that you believe funds belong to a surviving co‑owner (if that is your position). Keep copies of all communications.
  5. Consult a probate attorney promptly — many relief options (TRO, motion to compel accounting, petition for turnover) have short time windows and require court filings and deadlines.

What courts can do in Texas

  • Order the administrator to produce a formal accounting and explain any transfers.
  • Order return or turnover of funds that legally belong to a surviving joint owner or beneficiary.
  • Freeze or otherwise preserve estate property if there is a risk of dissipation.
  • Remove an administrator and appoint a successor for misconduct or breach of fiduciary duty.
  • Award damages for conversion or breach of fiduciary duty if the administrator improperly took or used funds.

Helpful hints

  • Collect evidence immediately: banks commonly keep archived records and it’s easier to obtain them sooner rather than later.
  • Don’t rely on oral assurances. Get bank and administrator statements in writing and keep copies.
  • Be clear about the type of account. “Survivorship” and “POD” language in the account documents often controls whether funds avoid probate.
  • Probate rules and remedies vary by county court and the local probate judge — an attorney familiar with local practice can move faster and more effectively.
  • If you’re short on funds, ask about limited‑scope representation or an initial consult — many probate attorneys offer a focused meeting to outline next steps.
  • Use the State Bar of Texas attorney directory or local bar referral services to find a probate lawyer: https://www.texasbar.com/.

Resources

  • Texas statutes — Estates Code (official): https://statutes.capitol.texas.gov/
  • Texas Judicial Branch — probate information: https://www.txcourts.gov/programs-services/probate/
  • State Bar of Texas — find a lawyer and public resources: https://www.texasbar.com/

Disclaimer: This article provides general information about Texas probate issues and common legal options. It is not legal advice, does not create an attorney‑client relationship, and cannot substitute for advice about the specific facts of your matter. To protect your rights, consult a qualified Texas probate attorney promptly.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.