What to do when an heir withdraws money from a deceased parent’s accounts — Pennsylvania overview

Short answer: If a person withdraws money from a decedent’s bank account or uses a decedent’s credit card after the decedent’s death and the account was not payable-on-death or joint with right of survivorship, that withdrawal is usually improper. The estate (through the personal representative) can usually demand return of the funds and can sue for recovery (civil claims such as conversion or unjust enrichment). In some cases the conduct may also lead to criminal charges. Acts should be addressed quickly because legal deadlines and third‑party transfers can complicate recovery. This is an educational overview and not legal advice.

Detailed answer — how Pennsylvania law approaches these situations

1. Who controls the decedent’s money after death?

When someone dies, ownership and control of the decedent’s assets pass according to how the assets are titled and applicable law. Typical possibilities:

• If an account is titled solely in the decedent’s name and there is no beneficiary designation or survivorship right, the funds become part of the decedent’s probate estate and must be handled by the decedent’s personal representative (executor or administrator) appointed by the court. See Pennsylvania probate rules and estate law for administration steps: Pennsylvania Courts — Wills & Estates and Title 20 of the Pennsylvania Consolidated Statutes: 20 Pa.C.S..
• If an account is joint with right of survivorship, the surviving joint owner typically keeps the funds outside probate.
• If an account names a payable-on-death (POD) or transfer-on-death (TOD) beneficiary, the funds bypass probate and go directly to that beneficiary when the bank recognizes the designation.

2. What if an heir withdraws funds after death?

Situations and consequences:

• If the heir had no legal authority (not the personal representative, not a joint owner, and not a POD/TOD beneficiary), taking money is generally wrongful. The estate’s personal representative can demand the money be returned and may file a civil claim for conversion (wrongful interference with property) or unjust enrichment.
• If the person who took funds was also the appointed personal representative, the representative still owes fiduciary duties to the estate. Misuse or improper distribution can lead to civil claims (surcharge, removal from office, accounting) and potential criminal exposure.
• Unauthorized credit‑card charges by an heir after death can be treated as fraud or theft. Credit card companies and the estate’s personal representative will assess and possibly pursue recovery. Criminal statutes may apply. See Pennsylvania criminal statutes in Title 18: 18 Pa.C.S..

3. Typical legal remedies for the estate

The estate can pursue several remedies depending on the facts:

• Demand letter. The personal representative typically sends a written demand to return the funds (often the first and fastest step).
• Civil lawsuit. The estate can sue the person who withdrew funds for conversion, unjust enrichment, breach of fiduciary duty (if applicable), or accountings. The court can order return of funds, interest, and sometimes attorneys’ fees and costs.
• Tracing and constructive trust. If the funds were transferred to a third party, the estate may attempt to trace the funds and ask the court to impose a constructive trust on proceeds or property bought with the money.
• Criminal referral. If the withdrawals were intentional theft or fraud, the personal representative or a creditor may report the conduct to prosecutors. Criminal statutes governing theft and fraud appear in Title 18: 18 Pa.C.S..

4. What about the bank or credit card company?

Banks generally require a death certificate and letters testamentary before releasing funds that are part of the estate. However, banks do not automatically freeze a decedent’s accounts. If a bank pays an unauthorized withdrawer, the estate may still have claims against the withdrawer. Depending on circumstances, the estate may also have claims against the bank if the bank failed to follow its own policies or acted negligently, but banks often have statutory protections when they act on account ownership records.

5. Example (hypothetical facts)

Imagine a parent died owning a single bank account with $25,000 titled solely in the parent’s name. Their child withdraws $8,000 the day after the parent’s funeral and says it is an “advance on their inheritance.” The child was not the personal representative and the account had no listed beneficiary. Under Pennsylvania law the $8,000 is part of the probate estate. The personal representative can demand the $8,000 back. If the child refuses, the personal representative can sue for return and may seek interest, court costs, and attorneys’ fees. If the child used the money for personal expenses that cannot be traced to a legitimate claim, prosecutors could also consider theft or fraud charges.

6. Timing and practical concerns

Act promptly. The longer the delay, the harder recovery can become (funds may be spent, transferred, or commingled). The personal representative must be appointed through probate before the court-supervised distribution of estate assets (see Pennsylvania probate guidance: Pennsylvania Courts — Wills & Estates).

Helpful Hints

• Get a death certificate and apply to the Register of Wills for letters testamentary or letters of administration as soon as possible. Those letters give the personal representative legal authority to act for the estate. (See Pennsylvania probate information: pacourts.us.)
• Notify banks and credit card companies immediately. Ask the bank to freeze the account pending probate if appropriate and provide them with the contact information for the personal representative.
• Document everything. Keep written records of withdrawals, who made them, and any communications asking for return of funds.
• Send a written demand for return of the funds before filing suit. A clear demand can resolve many disputes without litigation.
• Preserve evidence of where the money went. If the funds were spent or transferred, tracing can help the estate recover assets or pursue claims against third parties who received the money.
• Consider whether criminal conduct occurred. If you suspect theft, speak to the local police or the district attorney’s office and discuss the facts with them and with a lawyer.
• Consult an experienced probate or estate lawyer in Pennsylvania promptly. Estate recovery and fiduciary accounting can be complex. A lawyer can advise on filing civil claims, pursuing a constructive trust, or seeking removal or surcharge of a fiduciary.

Where to find Pennsylvania law and rules: Title 20 (Decedents, Estates, and Fiduciaries) — Pennsylvania Consolidated Statutes: https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=20. Pennsylvania criminal statutes (theft and related offenses) — Title 18: https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=18. Pennsylvania Courts — self help on wills and estates: https://www.pacourts.us/services/self-help/wills-and-estates.

Final note / disclaimer: This article explains general Pennsylvania law and common steps when money is withdrawn improperly from a decedent’s accounts. It is educational only and not legal advice. Facts matter. For advice specific to your situation, contact a licensed Pennsylvania probate or estate attorney promptly.