Detailed answer — what matters under Missouri law

1. Who owns the money after death?

Ownership depends on the account type and beneficiary designations, not only on the name on the card or passbook:

• Account in decedent’s name alone: Funds are part of the decedent’s estate and must be administered through probate (or small‑estate procedures). The personal representative collects assets, pays debts, and distributes what remains to heirs or beneficiaries. See Missouri probate law for personal representative powers: Mo. Rev. Stat. Chapter 474 (Probate).
• Joint account with right of survivorship: Money typically passes immediately to the surviving joint owner and is not probate estate property. Banks generally treat jointly titled accounts as belonging to the surviving co‑owner.
• POD/TOD or beneficiary designation: Payable‑on‑death (POD) or transfer‑on‑death (TOD) designations and named beneficiaries override probate distribution for those funds and go directly to the designated beneficiary.
• Credit cards: A card tied to the decedent’s account is usually the decedent’s obligation. Charges made after death are generally not valid estate charges unless a personal representative authorized them or the charges relate to estate administration.

2. What if an heir withdraws funds after death?

If an heir withdraws money from an account that is estate property (see above), the withdrawal can be challenged. Possible legal responses include:

• Demand for return: The personal representative should first demand the money back in writing.
• Civil claims: The estate can sue the person who took the money for conversion (wrongful possession of another’s property) or unjust enrichment. The personal representative brings these claims on behalf of the estate.
• Probate remedies: If the person is a beneficiary, the court can order an accounting and adjust distributions. The court can also remove a personal representative who misuses estate funds.
• Criminal charges: In some cases the conduct may amount to theft or related offenses under Missouri’s criminal statutes. Law enforcement can pursue charges independently. See Missouri property offenses: Mo. Rev. Stat. Chapter 570.

3. Typical defenses the withdrawing heir might assert

Common defenses include:

• They were a joint owner or the named beneficiary (so funds were never estate property).
• They reasonably believed they had an informal gift or entitlement.
• The withdrawal was a payment for debts the decedent owed them.
• The withdrawal was authorized by the decedent before death or by the personal representative after death.

4. Timing and statute of limitations

Missouri law imposes time limits for civil claims like conversion or unjust enrichment. Limitations are governed by Missouri’s statutes of limitation, which vary by claim type. For general torts involving personal property, consult Missouri limitation rules: Mo. Rev. Stat. Chapter 516 (Limitations). Acting promptly preserves the estate’s rights.

5. What about bank policies and practical steps?

Banks often freeze accounts at death and require a death certificate and letters testamentary or letters of administration before releasing funds. But some banks will release funds to a joint owner or named beneficiary without probate documentation. If an heir withdrew funds through the bank (in person, by check, ATM, or online), the bank’s records and policies are crucial evidence.

6. Who can bring claims to recover the money?

The decedent’s personal representative (executor or administrator) is the proper party to sue to recover estate property. If no representative exists yet, an interested heir or creditor may petition the probate court to open an estate and seek relief.

How recovery usually plays out — a simple hypothetical

Hypothetical facts: A parent dies owning a checking account in their name only. One child withdraws $10,000 and deposits it in their own account, claiming the parent promised the money to them. The estate opens probate. The personal representative discovers the withdrawal.

Possible actions the personal representative can take:

1. Send a written demand for return and documentation of the withdrawal.
2. If the heir refuses, sue for conversion or unjust enrichment in probate or civil court.
3. Use bank records (withdrawal slips, ATM logs, surveillance) as evidence.
4. If the heir spent the money, the court may still enter a judgment against them and may attach other assets to satisfy it.

If the heir proves they were a joint owner or a named beneficiary, the claim likely fails. If the heir simply took the funds without legal entitlement, the estate can recover the money or obtain a money judgment.

Practical steps for heirs, personal representatives, and parents who want to avoid disputes

• If you are a personal representative: act quickly to identify accounts, obtain a death certificate, and secure bank records.
• If you are an heir who withdrew funds: preserve receipts and documents that explain the withdrawal. If you were mistaken, returning the funds promptly reduces legal exposure.
• If you are the surviving family: review account titles, beneficiary designations, and any written instructions left by the decedent.
• Consider opening probate promptly or using Missouri’s small estate procedures if applicable.

Helpful hints

• Gather proof: bank statements, withdrawal slips, ATM records, emails, and witnesses. Banks keep logs that are often decisive.
• Check account title carefully: joint tenancy and POD/TOD designations determine whether the money is estate property.
• Document communications: send formal written demands before filing suit; courts prefer to see attempts at resolution.
• Act quickly: statutes of limitations and the need to administer the estate mean delays can harm recovery efforts.
• Use probate to centralize claims: an appointed personal representative can bring suit, negotiate with creditors, and distribute assets lawfully. See Mo. Rev. Stat. Chapter 474 (Probate).
• If criminal conduct is suspected (theft or fraud), consider contacting local law enforcement after discussing with counsel. See Missouri property offenses at Mo. Rev. Stat. Chapter 570.